PEOPLE v. ALSTON


59 A.D.2d 766 (1977)

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

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

October 24, 1977


Order reversed, on the law and the facts, and motion denied.

A police officer, pursuant to a signed complaint charging menacing with a gun, arrived at the location set forth in the complaint, identified the defendant, and informed him of the charges against him. After a "pat-down", both the detective and the defendant returned to the police station. While processing the arrest, the detective noticed that the defendant was pushing something around in his pocket. Since...

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