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PEOPLE v. ADAMS

194 A.D.2d 102 (1993)

The People of the State of New York, Respondent, v. Daryl L. Adams, Appellant

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

December 2, 1993

Attorney(s) appearing for the Case

Broda & Burnett, Troy (Douglas J. Broda of counsel), for appellant.

Sol Greenberg, District Attorney of Albany County (John E. Maney of counsel), for respondent.

WEISS, P. J., CARDONA and MAHONEY, JJ., concur with CASEY, J.; MERCURE, J., dissents in part and concurs in part in a separate opinion.

CASEY, J.

Police Officer Darrell Nicholson was on routine patrol one evening in a marked police car when he observed what he believed to be a black 1988 Volkswagen Jetta automobile parked in the area of Third Avenue and Broad Street in the City of Albany. An individual was standing by the Jetta, leaning into the driver's window talking with defendant, the driver and sole occupant of the vehicle. Because Nicholson...

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