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PEOPLE v. COTTON

242 A.D.2d 638 (1997)

662 N.Y.S.2d 135

The People of the State of New York, Respondent, v. Andre Cotton, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 22, 1997

Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered.

The hearing court properly declined to suppress the gun recovered as a result of the arresting officer's inquiry concerning its location. The officer's inquiry was justifiable for safety reasons and did not violate the defendant's constitutional right against self-incrimination (see, New York v Quarles, 467 U.S. 649...

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