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PEOPLE v. GREEN

35 N.Y.2d 193 (1974)

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

Court of Appeals of the State of New York.

Decided October 7, 1974.

Attorney(s) appearing for the Case

Diana A. Steele and William E. Hellerstein for appellant.

Frank S. Hogan, District Attorney (Allen G. Swan and Lewis R. Friedman of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, WACHTLER, RABIN and WITMER concur; Judge STEVENS taking no part.

JONES, J.

We conclude that the facts disclosed in this record were such as to warrant a person of reasonable caution in believing that a frisk of defendant's person was appropriate (People v. Moore, 32 N.Y.2d 67, 69; Terry v. Ohio, 392 U.S. 1, 21-22). This being so the motion to suppress the gun discovered in the course of the frisk...

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