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PEOPLE v. BATISTA

88 N.Y.2d 650 (1996)

672 N.E.2d 581

649 N.Y.S.2d 356

The People of the State of New York, Respondent, v. Hector Batista, Appellant.

Court of Appeals of the State of New York.

Decided October 15, 1996.

Attorney(s) appearing for the Case

Culleton, Marinaccio & Foglia, Great Neck (Howard R. Birnbach of counsel), for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Elizabeth F. Bernhardt, Billie Manning and Allen H. Saperstein of counsel), for respondent.

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

SMITH, J.

The issue on this appeal relates to the defendant's right to be free from an illegal search and seizure (US Const 4th, 14th Amends; NY Const, art I, § 12). A police officer, after lawfully stopping a cab in which defendant was a passenger, had his suspicions aroused by his personal observation of defendant's movements and false response to an inquiry. At this point, the officer touched defendant...

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