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PEOPLE v. BARRY

125 A.D.2d 581 (1986)

The People of the State of New York, Respondent, v. Leroy Barry, Also Known as Laroy Barry, Appellant

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

December 22, 1986

Ordered that the judgment is affirmed.

The arresting officer had independent probable cause to search the defendant since he observed the defendant holding a tightly wrapped paper bag in which could be distinguished the butt of a gun (see, People v Prochilo, 41 N.Y.2d 759). Furthermore, contrary to the defendant's assertion, we find that the testimony of the arresting officer at the hearing was not incredible as a...

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