PEOPLE v. LEE

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Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Mark LEE, Defendant-Appellant.

Decided: February 18, 1999

SULLIVAN, J.P., ELLERIN, LERNER and RUBIN, JJ. Cheryl D. Harris, for Respondent. Abigail Everett, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (Alexander Hunter, J.), rendered January 29, 1997, convicting defendant, after a nonjury trial, of criminal possession of a weapon in the third degree, criminal possession of a weapon in the fourth degree and unlawful possession of marijuana, and sentencing him, as a persistent violent felony offender, to concurrent terms of 12 years to life and 1 year and a fine of $1, unanimously affirmed.

 Defendant's motion to suppress physical evidence and statements was properly denied.   The face-to-face encounter in which an unidentified informant specifically pointed out defendant and stated that defendant was carrying a gun provided the officer with reasonable suspicion that defendant was committing a crime, thereby justifying the stop of the livery cab in which defendant was a passenger, and the ensuing search and seizure were justified by the subsequent events, including defendant's flight.   The informant's excited demeanor provided ample basis upon which to conclude that his information was reliable (see, People v. Castro, 115 A.D.2d 433, 497 N.Y.S.2d 1, affd. 68 N.Y.2d 850, 508 N.Y.S.2d 407, 501 N.E.2d 15).

MEMORANDUM DECISION.