PEOPLE v. SMITH


89 A.D.2d 549 (1982)

The People of the State of New York, Appellant, v. Reggie Smith, True Name Craig Smith, Respondent

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

July 29, 1982


On April 28, 1981 two detectives observed the defendant enter a subway station without paying a fare. In response to a question the defendant admitted that he did not have a pass. He was then asked whether he was wearing a bullet-proof vest and falsely responded that it was his T-shirt. One detective drew his gun, and the defendant was escorted to the porter's room. A briefcase he was carrying was taken from him by a detective who opened it and found within a loaded .38 caliber...

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