PEOPLE v. STEWART


174 A.D.2d 769 (1991)

The People of the State of New York, Appellant, v. Don Stewart, Respondent

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

June 24, 1991


Ordered that the order is reversed, on the law, that branch of the defendant's omnibus motion which was to suppress physical evidence is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

The defendant fled when two police officers in plainclothes approached him for an investigatory inquiry. During the pursuit, the defendant dropped a gun to the ground and continued running...

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