PEOPLE v. SILVESTRE


119 A.D.2d 601 (1986)

The People of the State of New York, Appellant, v. John Silvestre, Respondent

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

April 7, 1986


Order affirmed.

While three plain-clothes officers were on routine patrol in an unmarked car, both Sergeant Sobocienski and Officer Robinson observed the defendant place his right hand inside his open winter coat and make a "pulling" movement in the area of his left shoulder and armpit while walking alone on 35th Avenue in Queens at about 11:00 P.M. on January 24, 1984. Construing this gesture to be adjustments to a shoulder holster, the three undercover officers...

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