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PEOPLE v. RODRIGUEZ

Appellate Division of the Supreme Court of New York, First Department.
Oct 7, 1999

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.