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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES THOMAS, Appellant.

Ordered that the judgment is affirmed.

The radio transmission providing a report of suspicious activity, coupled with a civilian witness's description of the defendant's location, and the defendant's suspicious actions, coupled with Officer Anthony Repalone's observation of the defendant who matched the description, gave rise to a reasonable suspicion that a crime had been committed, entitling the officer to briefly detain the defendant (see, CPL 140.50; People v Martinez, 80 N.Y.2d 444; People v. Leung, 68 N.Y.2d 734; People v De Bour, 40 N.Y.2d 210; People v. Walker, 192 A.D.2d 734). The identification of the defendant by an accomplice as having participated in an attempted confidence scheme was sufficient to escalate the existing reasonable suspicion to probable cause (People v. Johnson, 66 N.Y.2d 398, 402).

We have reviewed the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Miller, Santucci and Joy, JJ., concur.

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PEOPLE v. THOMAS
(Jul 6, 1993)