The following excerpt is from People ex rel. Gonzalez v. Warden of Anna M. Cross Center, 581 N.Y.S.2d 649, 590 N.E.2d 234, 79 N.Y.2d 892 (N.Y. 1992):
We conclude that defendant's act of displaying his gun after [79 N.Y.2d 895] the officers had identified themselves was the result of his independent act and was not tainted by any alleged prior illegality. The case is distinguishable from People v. Cantor, 36 N.Y.2d 106, 365 N.Y.S.2d 509, 324 N.E.2d 872, supra, where the defendant drew his gun as he was approached by several plain-clothed unidentified police officers, but replaced the gun and offered no resistance as soon as the officers identified themselves. In that case, defendant's act directly resulted from being approached in a threatening manner by several men in street clothes.
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