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PEOPLE v. TOUSSAINT

133 A.D.2d 869 (1987)

The People of the State of New York, Respondent, v. Kirk Toussaint, Appellant

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

October 26, 1987

Ordered that the judgment is affirmed.

Since the officers observed the defendant on the street with a gun which the defendant refused to drop after being ordered to do so, the officers had probable cause for his arrest (CPL 140.10 [1] [a]). The seizure of the weapon was incident to a lawful arrest (see, People v Weintraub, 35 N.Y.2d 351). The bullets which were subsequently...

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