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PEOPLE v. LEE
Appellate Division of the Supreme Court of New York, First Department.
Feb 18, 1999
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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