PEOPLE v. WATSON


48 A.D.2d 815 (1975)

The People of the State of New York, Respondent, v. Elijah Watson, Appellant

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

June 26, 1975


Defendant's motion to suppress the gun found in his possession as the result of a "frisk", was denied after a hearing. The sole issue on this appeal is the constitutionality of that "frisk". Study of the record discloses that even apart from any issue of credibility, there was no justification for a frisk. The mere observance of a "sagging" pocket absent other "suspicious" circumstances is not enough. With commendable candor, the District Attorney concedes that there was...

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