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THE PEOPLE OF THE STATE OF NEW YORK Respondent, v. KENNETH PLATO, Appellant.

Defendant's suppression motion was properly denied. Within a minute of receiving a radio transmission that an armed robbery had been committed by a black man wearing a black jacket and black-hooded sweatshirt and that the man was traveling north from the crime scene with two others, the officers saw defendant, fitting the description in the transmission, walking, with two others, four or five blocks from the location of the crime scene in the same direction that the robbers had reportedly taken. These circumstances gave the police reasonable suspicion upon which to stop and frisk defendant ( People v. Salaman, 71 N.Y.2d 869; People v. Hodge, 237 A.D.2d 234, lv denied 90 N.Y.2d 894; People v. Pagan, 227 A.D.2d 133, lv denied 88 N.Y.2d 991). We have considered defendant's remaining contentions and find them to be without merit.

Concur — Milonas, J. P., Nardelli, Mazzarelli and Andrias, JJ.

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PEOPLE v. PLATO
(Feb 24, 1998)