Spain, J.
Shortly after midnight on May 24, 2006, Frank Mastan, a police officer with the Housing Authority of the City of Troy, Rensselaer County, observed a black Lincoln Navigator drive in and out of an apartment complex at an excessive speed, and he made a traffic stop. Mastan exited his patrol vehicle and approached, observing the male driver exit the vehicle. The driver ignored Mastan's directive to get back into the vehicle, they looked directly at each other...
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