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PEOPLE v. JOHNSON

59 N.Y.2d 1014 (1983)

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

Court of Appeals of the State of New York.

Decided July 7, 1983.

Attorney(s) appearing for the Case

Allen A. Hans for appellant.

Robert M. Morgenthau, District Attorney (Curtis Edward Hall, Robert M. Pitler and David H. Steiner of counsel), for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER and MEYER concur; Judge JASEN concurs in result in a concurring opinion in which Judge SIMONS concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The search of defendant's shoulder bag, two feet away from him at the time of his arrest for a crime involving a gun, was valid for the reasons stated in the opinion of Justice ASCH at the Appellate Division (see, also, People v Smith, 59 N.Y.2d 454). The questions asked of the defendant at the time of his...

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