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PEOPLE v. SOBOTKER

43 N.Y.2d 559 (1978)

The People of the State of New York, Respondent, v. Robert K. Sobotker, Appellant.

Court of Appeals of the State of New York.

Decided February 14, 1978.

Attorney(s) appearing for the Case

Michael M. Premisler for appellant.

Denis Dillon, District Attorney (Martin I. Saperstein and William C. Donnino of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur.

FUCHSBERG, J.

The controlling issue on this appeal is whether the investigative stop of an automobile operated by the defendant violated constitutional strictures against unreasonable searches and seizures (NY Const, art 1, § 12; US Const, 4th Amdt).

After a trial by jury, the defendant was found guilty of the crime of possession of a weapon, as a felony (Penal Law, § 265.05). This followed...

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