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PEOPLE v. FOSTER

85 N.Y.2d 1012 (1995)

654 N.E.2d 1216

630 N.Y.S.2d 968

The People of the State of New York, Respondent, v. Dushon Foster, Also Known as Ivien Jones, Appellant.

Court of Appeals of the State of New York.

Decided June 13, 1995.

Attorney(s) appearing for the Case

Paul Skip Laisure, New York City, and E. Joshua Rosenkranz for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Ellen Sue Handman of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

During a Mapp hearing, Officer Davin testified that on January 11, 1990, while sitting in uniform in a marked patrol car parked on West Thirty-third Street in Manhattan, he was approached by a uniformed United Parcel Service driver. The driver pointed to three males walking on the sidewalk about 20 feet from the officer, and told him that...

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