PEOPLE v. RODRIGUEZ


164 A.D.2d 824 (1990)

The People of the State of New York, Respondent, v. Lazaro Rodriguez, Appellant

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

August 23, 1990


At 3:00 A.M. while stopped at a traffic light on 44th Street and Ninth Avenue, two police officers in plain clothes observed the defendant lift the waistline of his jacket, reveal a gun and tuck the gun back into his pants. The officers, reversing the direction of their car, slowly followed the defendant. Upon making eye contact with the police officers, the defendant bolted up the street. He was chased, apprehended and the gun was seized.

Following a hearing, the...

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