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PEOPLE v. GALLEGO

166 A.D.2d 197 (1990)

The People of the State of New York, Respondent, v. Alvaro Gallego, Appellant

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

October 4, 1990

At 6:30 P.M. on a July evening, the arresting officer, on narcotics surveillance, was observing street activity in front of a building opposite his fifth-floor window with 10-by-50 high-powered binoculars when he noticed defendant, seated on the hood of the car, partially remove a gun from his rear waistband and then replace the weapon. He notified his backup team, which together with this officer approached defendant, placed defendant...

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