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PEOPLE v. PINES

99 N.Y.2d 525 (2002)

782 N.E.2d 62

752 N.Y.S.2d 266

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBBIE PINES, Appellant.

Court of Appeals of the State of New York.

Decided November 19, 2002.

Attorney(s) appearing for the Case

Marianne Karas, Armonk, for appellant.

Robert M. Morgenthau, District Attorney, New York City (Mary C. Farrington and Mark Dwyer of counsel), for respondent.

Eliot Spitzer, Attorney General, New York City (Robin A. Forshaw, Caitlin J. Halligan, Daniel Smirlock and Laurie M. Israel of counsel), for New York State, amicus curiae.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

On February 19, 1998, shortly before 11:00 P.M., three plainclothes New York Police Department officers were patrolling 152nd Street, between Broadway and Amsterdam Avenue, a drug-prone area, in an unmarked vehicle. According to police testimony at the suppression hearing, defendant was first observed walking on 152nd Street, with another individual, and looking...

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