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PEOPLE v. CLAUSELL

154 A.D.2d 318 (1989)

The People of the State of New York, Respondent, v. Eulagio Clausell, Appellant

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

October 31, 1989

The motion to suppress the gun was properly denied. The detective was justified in taking the action complained of by defendant in light of all the attendant circumstances (People v De Bour, 40 N.Y.2d 210). Additionally, because of the suspicious nature of defendant's actions and his failure to respond to police inquiries, the detective's action in conducting a minimal frisk to ensure his safety while questioning the defendant was...

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