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PEOPLE v. HERNANDEZ

139 A.D.2d 472 (1988)

The People of the State of New York, Respondent, v. Jose Hernandez, Appellant

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

April 28, 1988

Defendant was convicted of criminal possession of a weapon in the third degree arising from his arrest by police officers who stopped him while driving his girlfriend's car. Before defendant exited the car, he had quickly leaned forward and reached down towards the floor of the car. The arresting officer recovered from the front floor of the car, near the driver's seat where defendant had reached, a cocked but unloaded pistol, and...

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