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PEOPLE v. DUNCAN

75 A.D.2d 823 (1980)

The People of the State of New York, Respondent, v. Wayne Duncan, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 5, 1980

Judgment affirmed.

Defendant stands convicted, upon his plea of guilty, of attempted criminal possession of a controlled substance in the fifth degree. The central issue on appeal is whether the conduct of the police officers when they initially asked the defendant for identification was supported by reasonable suspicion. If not, then all physical evidence subsequently seized should have been suppressed as tainted fruit,...

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