People v. Choy

In People v. Choy, 173 A.D.2d 883 (2d Dept. 1991), a radio transmission stated that "four young male Orientals, dressed in dark clothing," beat and robbed the victim. Two hours later the officers went to a deli located three-quarters of a mile from the crime scene to purchase food, and upon arriving saw four male Oriental youths in dark clothing. Two of them were outside the deli talking to others, but were wearing light clothing. The officers engaged their flashing lights and the four youths separated, two going one way and two the other. They did not stop when the officers asked them "to talk." Thus, in Choy, the general description provided of the group of suspects coupled with the fact that these individuals were observed more than two hours after the crime had occurred and the fact that two of four of the suspects had on light as opposed to dark clothing and therefore did not fit even the general description provided, is distinguishable from the description provided of this defendant and the facts as they existed when Detective Shepherd stopped defendant.