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PEOPLE v. ROTH

66 N.Y.2d 688 (1985)

The People of the State of New York, Respondent, v. Paul Roth, Appellant.

Court of Appeals of the State of New York.

Decided October 15, 1985.

Attorney(s) appearing for the Case

Stephen R. Coffey and Salvatore D. Ferlazzo for appellant.

Sol Greenberg, District Attorney (John P. M. Wappett and Ilene R. Bergman of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, the motion to suppress granted and the indictment dismissed.

The evidence adduced at the suppression hearing supports the affirmed finding that the police officer's conduct in frisking defendant was based on a reasonable fear that defendant may have been armed (see, People v Davis, 64 N.Y.2d 1143;...

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