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PEOPLE v. RODRIGUEZ

4032, 3516/07.

81 A.D.3d 404 (2011)

915 N.Y.S.2d 551

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIO RODRIGUEZ, Appellant.

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

Decided February 1, 2011.

The police lawfully stopped a vehicle for traffic infractions (see People v Robinson, 97 N.Y.2d 341 [2001]). The officers observed defendant nervously fidgeting with a pack of cigarettes and, along with the driver, who was reclining and sitting back towards the rear seat in an awkward position, repeatedly move around and look back towards the officers. A police officer then permissibly and reasonably asked defendant why he was...

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