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PEOPLE v. GAYDEN

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28 N.Y.3d 1035 (2016)

65 N.E.3d 696

42 N.Y.S.3d 667

2016 NY Slip Op 07702

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

Court of Appeals of New York.

Decided November 17, 2016.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( David R. Juergens of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Daniel Gross of counsel), for respondent.

Chief Judge DIFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

On June 11, 2010, police were dispatched to Ellison Street in Rochester, after an anonymous caller informed a 911 operator that two black males were walking back and forth in the area of Ellison Street and Webster Avenue carrying silver colored guns on their waists. One individual was described as wearing a white T-shirt with red letters. The other was wearing...

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