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PEOPLE v. PEREZ

199 A.D.2d 427 (1993)

605 N.Y.S.2d 332

The People of the State of New York, Respondent, v. Rene Perez, Appellant

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

December 20, 1993

Ordered the the judgment is affirmed.

The hearing court properly determined that both the gun recovered from the defendant and the statement he made while in custody were admissible at trial. The record reveals that the police officer was justified in believing that the defendant was armed and thus the subsequent frisk of the defendant for weapons was permissible (see, People v Rodriguez,

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