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PEOPLE v. McINTOSH

96 N.Y.2d 521 (2001)

755 N.E.2d 329

730 N.Y.S.2d 265

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAWLE McINTOSH, Appellant.

Court of Appeals of the State of New York.

Decided June 28, 2001.

Attorney(s) appearing for the Case

Eugene P. Devine, Public Defender of Albany County, Albany (Shannon K. Geraty of counsel), for appellant.

Paul A. Clyne, District Attorney of Albany County, Albany (Kimberly A. Mariani of counsel), for respondent.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY and ROSENBLATT concur with Judge GRAFFEO; Judge SMITH concurs in result in a separate opinion.

OPINION OF THE COURT

GRAFFEO, J.

This appeal requires us to consider the admissibility of evidence seized as the result of an encounter between defendant and the police on a commercial passenger bus during a stopover in Albany, New York. Based on the particular facts and circumstances of this case, we reverse the order of the Appellate Division which upheld defendant's conviction.

According to findings...

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