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PEOPLE v. THORNTON

238 A.D.2d 33 (1998)

667 N.Y.S.2d 705

The People of the State of New York, Appellant, v. Lavonne Thornton, Respondent

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

January 8, 1998

Attorney(s) appearing for the Case

Anthony M. Capozzolo of counsel, New York City (Donald J. Siewert on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for appellant.

Robert N. Lerner, Brooklyn, for respondent.

NARDELLI, WALLACH, WILLIAMS and COLABELLA, JJ., concur.

ROSENBERGER, J. P.

At about 10:10 P.M., on October 13, 1995, Officer David Moser, Sergeant Glenn Hallahan, and Officer Thomas Faylin, all in plain clothes, were patrolling in an unmarked car driven by Sergeant Hallahan. Officers Moser and Faylin had their shields suspended visibly around their necks. The officers observed two young men on bicycles circling the intersection of Fifth Avenue and 116th Street. The...

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