PEOPLE v. RODRIGUEZ


75 A.D.2d 730 (1980)

The People of the State of New York, Appellant, v. Anibal Rodriguez, Respondent

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

May 1, 1980


We need not review the stop made by police of an automobile driven by codefendant Beauchamp, in which defendant was a passenger; it has not been challenged. Beauchamp, the driver, had both hands on the wheel and was looking straight forward when the car was halted. Both occupants were ordered out. When defendant left the front passenger seat, a revolver was seen on the floor, half under the seat, midway in its width. The driver denied having any knowledge of a gun, and indeed...

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