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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK LEE, Appellant.

Defendant's motion to suppress physical evidence and statements was properly denied. The face-to-face encounter in which an unidentified informant specifically pointed out defendant and stated that defendant was carrying a gun provided the officer with reasonable suspicion that defendant was committing a crime, thereby justifying the stop of the livery cab in which defendant was a passenger, and the ensuing search and seizure were justified by the subsequent events, including defendant's flight. The informant's excited demeanor provided ample basis upon which to conclude that his information was reliable (see, People v. Castro, 115 A.D.2d 433, affd 68 N.Y.2d 850).

Concur — Sullivan, J. P., Ellerin, Lerner and Rubin, JJ.

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PEOPLE v. LEE
(Feb 18, 1999)