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PEOPLE v. McLOYD

1331/11.

35 Misc.3d 822 (2012)

946 N.Y.S.2d 829

2012 NY Slip Op 22027

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. GEORGE McLOYD, Defendant.

Supreme Court, New York County.

Decided February 2, 2012.

Attorney(s) appearing for the Case

Legal Aid Society ( Thomas Klein of counsel), for defendant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Samuel David of counsel), for plaintiff.

OPINION OF THE COURT

LAWRENCE K. MARKS, J.

This case presents the issue of whether the police may forcibly detain a bystander they observe speaking with the target of their investigation whom they are about to arrest. A corollary issue is whether the bystander has standing to challenge whether the police had probable cause to arrest the target in the first place.

George McLoyd, the defendant and bystander...

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