AD1 order dated January 16, 2014, reversing judgment of conviction and ordering a new trial. Decision below: 115 AD3d 38, 978 NYS2d 206. Saxe (AD dissenter), J., granted leave to People February 27, 2014.

ISSUE PRESENTED: Search & Seizure. Whether, in the absence of conduct indicative of criminality, or information that a crime had occurred, the police officers’ knowledge of defendant’s prior criminality in the area, combined with defendant’s running and looking over his shoulder, was insufficient to give rise to reasonable suspicion justifying a level-three stop. (Assigned counsel for respondent: Bruce Austern & Robert S. Dean, Center for Appellate Litigation, 74 Trinity Place, 11th Floor, NYC 10006.)