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PEOPLE v. QUARLES

58 N.Y.2d 664 (1982)

The People of the State of New York, Appellant, v. Benjamin Quarles, Respondent.

Court of Appeals of the State of New York.

Decided November 18, 1982.

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Steven J. Rappaport of counsel), for appellant.

Steven J. Hyman and Wayne Brody for respondent.

Chief Judge COOKE and Judges JONES, FUCHSBERG and MEYER concur; Judge WACHTLER dissents and votes to reverse in an opinion in which Judges JASEN and GABRIELLI concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

It was only after defendant had been frisked and his hands handcuffed behind his back that, in consequence of the discovery of an empty shoulder holster, Officer Kraft asked him where the gun was. Pointing to a liquid soap carton several feet away, defendant replied, "The gun is over there." At the time defendant...

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