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PEOPLE v. BYRD

156 A.D.2d 374 (1989)

The People of the State of New York, Respondent, v. Stanley Byrd, Appellant

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

December 4, 1989

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court did not err in denying suppression of the physical evidence. The arresting officer was justified in stopping the vehicle since it fit the description, except for the color, of the vehicle used in the robbery (see, People v Buckley, 147 A.D.2d 898, lv granted 73 N.Y.2d 1012). Moreover, prior to stopping the vehicle...

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