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  5. 164 A.D.2d 170 (1990)
 

PEOPLE v. GRANT

164 A.D.2d 170 (1990)

The People of the State of New York, Respondent, v. Jeremy Grant, Appellant

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

November 20, 1990

Attorney(s) appearing for the Case

Noah Lipman for appellant.

Alexei Schacht of counsel (Norman Barclay on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

CARRO and ROSENBERGER, JJ., concur with ELLERIN, J.; SULLIVAN, J. P., and RUBIN, J., dissent in a separate opinion by SULLIVAN, J. P.

ELLERIN, J.

The facts giving rise to defendant's conviction of criminal possession of a weapon in the third degree are as follows: Shortly after 11:30 A.M. on March 4, 1989, Police Officer Kieran Breen and his partner were on routine patrol in a marked radio motor patrol vehicle proceeding eastbound on 141st Street when a vehicle traveling in the opposite direction was brought to Breen's attention by his partner...

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