PEOPLE v. MORALES


161 A.D.2d 188 (1990)

The People of the State of New York, Appellant, v. Kenneth Morales, Respondent

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

May 3, 1990


As the police were finishing up a buy-and-bust operation inside an upper Manhattan "smoke shop", defendant entered the premises. He promptly turned to leave, but was pushed up against the wall and explained that he had entered to buy a bag of marihuana. The officer who accosted defendant felt something hard at defendant's waist when he pushed and, acting on what he had just detected, then reached in and retrieved a handgun.

The People appeal from the order suppressing...

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