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PEOPLE v. SMITH

173 A.D.2d 657 (1991)

The People of the State of New York, Respondent, v. Carl Smith, Appellant

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

May 20, 1991

Ordered that the judgment and amended judgment are affirmed.

The sole witness at the suppression hearing was the arresting officer who testified that while he was patrolling the Albee Square Mall in Brooklyn, he observed a large bulge, which he perceived to be a gun, in the back waistband of the defendant's pants when the defendant leaned forward to play a pinball machine. In addition, the officer testified that he was...

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