PEOPLE v. JACKSON


65 Misc.2d 909 (1971)

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

Supreme Court, Appellate Term, First Department.

March 15, 1971


Attorney(s) appearing for the Case

Burton B. Roberts, District Attorney (Bennett M. Epstein of counsel), for appellant. Milton Adler and Paul Paksarian for respondent.

GOLD, J., concurs with LUPIANO, J.; MARKOWITZ, J., dissents in memorandum.


VINCENT A. LUPIANO, J.

On October 27, 1969 the Coordinator of Discipline at a city high school received information which caused him to proceed to a certain classroom. He sought out the defendant, a student, in the room and requested that he accompany him to his office. This the defendant did willingly. En route, the Coordinator observed a bulge in the defendant's left pants pocket and further observed him continually putting his hand in and taking it...

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