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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OMERO RODRIGUEZ, ETC., Defendant-Appellant.

The record supports the court's finding that the stop of the livery cab in which defendant was a passenger was justified by the officer's reasonable interpretation of the cab driver's subtle eye signal towards his passenger, along with a hand gesture, as a distress signal and request for police assistance (see, People v. Otero, 255 A.D.2d 158, lv denied 92 N.Y.2d 1052;People v. Damaceno, 214 A.D.2d 464, lv denied 86 N.Y.2d 734; People v. Hampton, 197 A.D.2d 365, lv denied 82 N.Y.2d 925). The record also supports the court's determinations as to credibility.

ROSENBERGER, J.P., TOM, MAZZARELLI, LERNER, FRIEDMAN, JJ.

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PEOPLE v. RODRIGUEZ
(Oct 7, 1999)