PEOPLE v. GREEN


54 A.D.2d 856 (1976)

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

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

November 16, 1976


Unanimously reversed on the law; the motion granted; and the indictment dismissed.

On August 19, 1974, at about 10:00 P.M., a police officer on radio motor patrol observed the defendant walking with a bicycle along 149th Street near Park Avenue in The Bronx. The officer observed a "bulge" in defendant's T-shirt and suspected that it was possibly a gun. However, at that point the bulge was too nondescript to identify it definitely as a gun. When defendant was abreast...

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