PEOPLE v. DAVIS


192 A.D.2d 360 (1993)

595 N.Y.S.2d 778

The People of the State of New York, Appellant, v. Sidney Davis, Respondent

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

April 8, 1993


Defendant had been charged with criminal sale and criminal possession of a controlled substance in the third degree. On appeal, the People argue that on the facts presented, the police had probable cause to arrest defendant and, accordingly, that despite the lack of a formal arrest, they had the authority to frisk him.

The relevant evidence can be briefly stated. On the afternoon of January 4, 1992, Justin McCormack, a police officer trained in narcotics apprehension...

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