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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT v. ANGEL DIAZ, DEFENDANT-APPELLANT.

The court properly denied suppression of physical and identification evidence. The issue on appeal is the legality of the stop of the taxi in which defendant was riding. We conclude that, based on the totality of circumstances, the police had reasonable suspicion of criminality upon which to stop the taxi.

The court properly exercised its discretion in denying defendant's mistrial motion based upon a portion of the prosecutor's summation. The court's curative instruction was sufficient to prevent any prejudice.

We perceive no basis for reduction of sentence.

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

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PEOPLE v. DIAZ
(May 1, 2001)