PEOPLE v. LIVIGNI


88 A.D.2d 386 (1982)

The People of the State of New York, Respondent, v. Richard Livigni, Appellant

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

August 23, 1982


Attorney(s) appearing for the Case

Mahler & Harris, P. C. (Stephen R. Mahler of counsel), for appellant.

John J. Santucci, District Attorney (Ann B. Miele of counsel), for respondent.

TITONE, J. P., BRACKEN and BOYERS, JJ., concur.


MANGANO, J.

A narrow question is presented by this appeal, viz., is it reasonable under the Fourth and Fourteenth Amendments to the United States Constitution for a police officer, while standing beside a motor vehicle in the course of investigating a traffic infraction, to order a passenger out of the vehicle at gunpoint because of the officer's observation of an empty gun holster in plain view in the passenger compartment of the vehicle. We answer in...

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