PEOPLE v. HOGYA


80 A.D.2d 621 (1981)

The People of the State of New York, Appellant, v. Thomas Hogya, Respondent

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

February 17, 1981


Order reversed, on the law, and motion to suppress denied.

Police Officer O'Brien and his partner observed defendant and one Blumhagen touch hands with their palms turned inward, and defendant then placed his hand into a heavy jacket he was wearing. It was a warm day and Blumhagen was dressed in shorts and a T-shirt. Officer O'Brien did not see anything pass between the defendant and the other individual. While seated in his patrol car, O'Brien called the defendant...

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