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PEOPLE v. JOHNSON

54 N.Y.2d 958 (1981)

The People of the State of New York, Appellant, v. Nathan Johnson, Respondent.

Court of Appeals of the State of New York.

Decided October 27, 1981.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (David H. Steiner and Vivian Berger of counsel), for appellant.

Hillard Wiese, William E. Hellerstein and Susan Slovak for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed.

A plainclothes detective observed defendant purchase a pistol holster at a 42nd Street novelty shop in Manhattan. When defendant left the shop, the officer approached him, identified himself and displayed his shield. When asked if he had a gun, defendant responded in the negative. The officer then ordered defendant to open his coat. After doing so...

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