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PEOPLE v. OPPEDISANO

176 A.D.2d 667 (1991)

The People of the State of New York, Respondent, v. Anthony Oppedisano, Appellant

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

October 29, 1991

Defendant moved to suppress two loaded pistols found in his pants pockets when he knocked on the door to an apartment where five police officers were executing a search warrant for cocaine and related narcotics paraphernalia. Officer Kevin Kelly, in plainclothes and with his shield displayed, opened the door, and, without having drawn his gun, asked defendant who he was and what he was doing there. When defendant failed to answer...

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