People v Feldman

Holding The court affirmed the conviction and sentence, finding that police had reasonable suspicion to stop the defendant and probable cause to arrest him after he pushed a detective and open warrants were discovered. The court also rejected the defendant’s Batson challenge and his CPL 440.20 motion to set aside the sentence based on recent federal precedent.

The court’s words

Based on the totality of the circumstance, including relying on an informant, the police had reasonable suspicion to stop defendant

2026 NY Slip Op 06389, at the official text

when defendant pushed a detective and attempted to run, there was reasonable suspicion to forcibly detain him

2026 NY Slip Op 06389, at the official text

The court specifically alluded to the third step, in which defense counsel could argue that the prosecution's proffered race-neutral reasons

2026 NY Slip Op 06389, at the official text

This Court has rejected the argument that United States v Erlinger (602 US 821 [2024]) requires that periods of tolling must be found by a jury

2026 NY Slip Op 06389, at the official text