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PEOPLE v. BAKER

2019-14605. Ind. No. 486/17.

205 A.D.3d 815 (2022)

167 N.Y.S.3d 550

2022 NY Slip Op 03112

The People of the State of New York, Respondent, v. Shawn Baker, Appellant.

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

Decided May 11, 2022.

Attorney(s) appearing for the Case

Joseph Z. Amsel , New York, NY, for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , William H. Branigan , and Matthew C. Harnisch of counsel), for respondent.

Barros, J.P., Maltese, Wooten and Zayas, JJ., concur.

Ordered that the judgment is affirmed.

Pursuant to People v De Bour (40 N.Y.2d 210 [1976]), there is "a graduated four-level test for evaluating the propriety of police encounters when a police officer is acting in a law enforcement capacity" (People v Benbow, 193 A.D.3d 869, 871 [2021] [internal quotation marks omitted]). "The first level permits a police officer to request information from an individual, and merely...

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