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PEOPLE v. JAIMAN

169 A.D.2d 589 (1991)

The People of the State of New York, Respondent, v. Augustin Jaiman, Appellant

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

January 29, 1991

The fact that police officers in plain clothes saw defendant look towards their unmarked police vehicle, place his hand inside of his waistband and run into an abandoned building did not justify the officers' pursuit and seizure of defendant. (People v Howard, 50 N.Y.2d 583 [1980], cert denied 449 U.S. 1023 [1980]; People v De Bour, 40 N.Y.2d 210 [1976]; CPL 140.50.) The gun discarded...

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