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PEOPLE v. McLAURIN

120 A.D.2d 270 (1986)

The People of the State of New York, Respondent, v. Joseph McLaurin, Appellant

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

November 25, 1986

Attorney(s) appearing for the Case

Hillard Wiese of counsel (Catharine A. Grad with her on the brief; Philip L. Weinstein, attorney), for appellant.

G. Kristian Miccio of counsel (Jeremy Gutman with her on the brief; Mario Merola, District Attorney, attorney), for respondent.

ROSS, CARRO and ASCH, JJ., concur with SULLIVAN, J.; KUPFERMAN, J. P., concurs in a separate opinion.

SULLIVAN, J.

After the denial of his motion to suppress, defendant pleaded guilty to the illegal possession of a handgun observed in the pocket of his jacket as he exited from a car stopped for speeding. He now challenges the police officer's conduct in ordering him, a passenger, out of the car. The following account of the incident is taken from the transcript of the suppression hearing.

At about 11...

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