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PEOPLE v. CARVEY

89 N.Y.2d 707 (1997)

680 N.E.2d 150

657 N.Y.S.2d 879

The People of the State of New York, Respondent, v. James Carvey, Appellant.

Court of Appeals of the State of New York.

Decided May 1, 1997.

Attorney(s) appearing for the Case

Rosemary Herbert, New York City, and Richard M. Greenberg for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Deirdre Waldron Power and Mark Dwyer of counsel), for respondent.

Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

Chief Judge KAYE.

Defendant, a passenger in an automobile stopped for a traffic infraction, was arrested when the police discovered a gun under his seat. Defendant challenges the legality of the search that took place after he and the other occupants were removed from the vehicle. We are thus called upon once again to determine whether information acquired by the police...

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