Crew III, J.
On June 2, 2004, Officer Brian Hawley of the City of Albany police department received a radio transmission advising that there was a "black male racking a gun" on Third Street in the City of Albany. Hawley, aware that fellow officers already had responded to the Third Street location, drove two blocks south to First Street where he noticed defendant. When defendant saw Hawley, he began walking briskly away and, when Hawley alighted from his vehicle,...
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