PEOPLE v. WILKERSON


64 N.Y.2d 749 (1984)

The People of the State of New York, Respondent, v. Walter Wilkerson, Appellant.

Court of Appeals of the State of New York.

Decided December 27, 1984.


Attorney(s) appearing for the Case

Andrew E. Abraham and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Seth L. Marvin of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's conviction vacated, the motion to suppress granted and the indictment dismissed.

Defendant has been convicted of attempted criminal possession of a weapon in the third degree as the result of the discovery of a weapon in the waistband of his trousers.

While patrolling Aqueduct Park in The Bronx in plain clothes and in an unmarked...

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