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PEOPLE v. HOLMES

81 N.Y.2d 1056 (1993)

619 N.E.2d 396

601 N.Y.S.2d 459

The People of the State of New York, Appellant, v. David Holmes, Respondent.

Court of Appeals of the State of New York.

Decided June 15, 1993.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (David J. Mudd and Mark Dwyer of counsel), for appellant.

Beverly Van Ness, New York City, and Philip L. Weinstein for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., and SMITH concur; Judge BELLACOSA dissents and votes to reverse in an opinion.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

In the early afternoon of December 23, 1989, two police officers, Frederick Nelthrope and John Moynihan, were in uniform in a marked patrol car heading north on Amsterdam Avenue between 163rd and 164th Streets in Manhattan. A group of men stood talking near a known narcotics location. Officer Moynihan noticed an unidentified bulge in defendant's...

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