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PEOPLE v. MEJIA

133 Misc.2d 755 (1986)

The People of the State of New York, Plaintiff, v. Marino Mejia, Defendant.

Supreme Court, Bronx County.

October 15, 1986

Attorney(s) appearing for the Case

Herman Blitz for defendant. Mario Merola, District Attorney (Larry Wallace of counsel), for plaintiff.

BERTRAM KATZ, J.

A passenger in an automobile which is arbitrarily stopped has the same right to be free from unwarranted interference with his freedom of movement as a pedestrian, within the scope of the protections afforded under the US Constitution 4th Amendment. In the case at bar, Marino Mejia has moved for suppression of a gun taken from beneath the passenger seat of the automobile in which he was riding...

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