What is the test for a "suspect" in the second substantive component of the New York State Criminal Code?

The second substantive component of the statute is established by "circumstances which justify suspicion that a person may be engaged or about to engage in crime."¹¹ Yet, such "circumstances" may reflect the "whim of the policeman," People v. Berck, supra, 347 N.Y.S.2d at 38, 300 N.E.2d at 414, rather than the conduct of an individual who happened to "wander" into the midst of the police, thereby creating the "hazard of being prosecuted for knowing but guiltless behavior." Baggett v. Bullitt, 377 U.S. 360, 373, 84 S.Ct. 1316, 1323, 12 L.Ed.2d 377 (1964). With nothing more, the "suspect" is hardly offered a bright line test for distinguishing the licit from the illicit.