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PEOPLE v. SMITH

84 N.Y.2d 998 (1994)

646 N.E.2d 809

622 N.Y.S.2d 507

The People of the State of New York, Respondent, v. Shimel Smith, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1994.

Attorney(s) appearing for the Case

Susan Horwitz, New York City, and Philip L. Weinstein for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Alexander H. Gardner and Steven J. Chananie of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

On the morning of December 17, 1992, at approximately 10:45 A.M. in the vicinity of 148 Street and 106 Avenue in Queens County, defendant was approached by an undercover police officer. Defendant asked the officer if he was "looking to get nice." The undercover responded affirmatively and was then asked by defendant what he was looking for. When the...

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