PEOPLE v. BATINO


48 A.D.2d 619 (1975)

The People of the State of New York, Respondent, v. George Batino, Appellant

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

May 13, 1975


At the suppression hearing Patrolman Holmes testified that while he was in a patrol car with several other officers, he saw the defendant walking on Park Avenue in the vicinity of 120th Street. As the officer passed the defendant, he (the officer) observed from a distance of approximately six feet, a bulge in defendant's right rear pocket. The bulge had the appearance of "a cylinder type shape" and the officer believed that it resembled a .25 calibre pistol. Accordingly,...

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