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PEOPLE v. DISALVO

2010-11029.

99 A.D.3d 811 (2012)

951 N.Y.S.2d 895

2012 NY Slip Op 6818

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN A. DISALVO, Appellant.

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

October 10, 2012.

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

Contrary to the defendant's contention, the record supports the hearing court's determination that the stop of the vehicle in which he was a passenger was based on reasonable suspicion. Accordingly, the Supreme Court, upon reargument, properly vacated its prior determination...

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