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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY FERGUSON, Defendant-Appellant.

The court properly denied defendant's suppression motion. The police had, at the very least, reasonable suspicion to detain defendant for a confirmatory identification by an undercover officer, since defendant fit the description of a person who had sold drugs to the undercover officer moments before and was discovered in the very spot described by that officer. The description, which featured a particular article of clothing, was sufficiently specific, given the close spatial and temporal factors and the fact that defendant was the only person present who met the description ( see e.g. People v. Rampersant, 272 A.D.2d 202, lv denied 95 N.Y.2d 870).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. FERGUSON
(Mar 18, 2004)