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  5. 86 N.Y.2d 755 (1995)
 

PEOPLE v. BATTAGLIA

86 N.Y.2d 755 (1995)

655 N.E.2d 169

631 N.Y.S.2d 128

The People of the State of New York, Respondent, v. Frank C. Battaglia, Appellant.

Court of Appeals of the State of New York.

Decided July 5, 1995.

Attorney(s) appearing for the Case

Richard V. Slater, Public Defender of Chautauqua County, Mayville (Donald V. Nihoul of counsel), for appellant.

James P. Subjack, District Attorney of Chautauqua County, Mayville (Grace M. Hanlon and Neil M. Robinson of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA and LEVINE concur; Judge SMITH dissents and votes to reverse in an opinion in which Judges TITONE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's vehicle was stopped by the police at 3:00 in the morning for proceeding the wrong way down a one-way street. The driver of the vehicle provided what the police rationally concluded was a false identification. In our view, this constitutes sufficient record support for the lower courts' findings that the police possessed a founded suspicion...

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