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PEOPLE v. SIMMONS

298 A.D.2d 468 (2002)

748 N.Y.S.2d 168

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL FARRAD SIMMONS, Also Known as SHAHID FARRAD MUHAMMAD, Appellant.

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

Decided October 15, 2002.

Ordered that the judgment is affirmed.

When the police initially approached the defendant, he and two others were standing outside of a closed convenience store at 12:30 A.M. in a torrential rainstorm, a short distance from a store that had been burglarized about one hour earlier. Under the facts of this case, the police acted properly in initially approaching the defendant (see People v Hollman, 79 N.Y.2d 181; People...

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