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PEOPLE v. JOHNSON

137 A.D.2d 719 (1988)

The People of the State of New York, Appellant, v. Arthur Johnson, Respondent

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

February 16, 1988

Ordered that the order is affirmed.

We find no basis for disturbing the hearing court's determination that (1) the search of the defendant's bag by the police officers was not based upon a reasonable suspicion that the defendant was armed with a gun (cf., People v Moore, 32 N.Y.2d 67, cert denied 414 U.S. 1011), and (2) even assuming, arguendo, that the police could reasonably believe that the defendant might...

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