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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IRVIN O'QUINN, Appellant.

Judgment affirmed.

Under the circumstances, the police were justified in stopping the defendant, who matched the description of a suspect which had been obtained from a police radio transmission and a civilian informant (see, People v De Bour, 40 N.Y.2d 210). Upon stopping the defendant, a sawed-off shotgun was observed in plain view and was therefore lawfully seized (see, People v Messam, 112 A.D.2d 449). Since the arrest of the defendant for possession of the weapon was lawful, his argument that his statements were the product of an unlawful arrest must fail (cf. Wong Sun v United States, 371 U.S. 471). Brown, J.P., Niehoff, Rubin and Kunzeman, JJ., concur.

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PEOPLE v. O'QUINN
(Sep 8, 1986)