PEOPLE v. MARQUEZ


80 A.D.2d 837 (1981)

The People of the State of New York, Respondent, v. Carlos Marquez, Appellant

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

March 2, 1981


Judgment reversed, on the law, motion to suppress granted, and indictment dismissed.

The case is remitted to Criminal Term for the purpose of entering an order, in its discretion, pursuant to CPL 160.50. Under the circumstances at bar, the frisk of the defendant, based upon a large, nondescript bulge under his clothing in the area of the small of his back, was unjustified. (See, e.g., People v Blackman, 61 A.D.2d 916; cf...

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