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PEOPLE v. SMITH

179 A.D.2d 537 (1992)

The People of the State of New York, Respondent, v. Roy Smith, Also Known as Calvin Michael Duggan, Appellant

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

January 23, 1992

Defendant's sole claim on appeal that the hearing court erred in finding reasonable the police stop of a vehicle in which defendant was a passenger is meritless.

Evidence at the pretrial suppression hearing was that two uniformed police officers, on patrol in a marked radio car, observed a vehicle (in which defendant sat in the front passenger seat) stopped with its two right wheels on the sidewalk. The officers ran a computer...

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