PEOPLE v. ROBERTS


187 A.D.2d 615 (1992)

The People of the State of New York, Respondent, v. Wayne Roberts, Appellant

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

November 16, 1992


Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and determined to have been established.

After speaking to an anonymous individual, a police officer observed the defendant drop a paper bag on a sidewalk. After frisking the defendant, the officer retrieved the bag which contained a loaded handgun. There were eight other officers on the scene, but none of them were called to testify. The

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