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PEOPLE v. FRANCE

197 A.D.2d 483 (1993)

603 N.Y.S.2d 12

The People of the State of New York, Respondent, v. Carnation France, Appellant

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

October 28, 1993

The court's finding that the encounter between the officer and the defendant was lawful is supported by the evidence. The anonymous tip in this case was sufficiently detailed to allow the officer to identify the defendant at the donut shop, and activated the officer's common law right to approach the suspect to obtain explanatory information (see, People v De Bour, 40 N.Y.2d 210, 221). The fact that the officer had drawn and...

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