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PEOPLE v. SIDHOM

204 A.D.2d 150 (1994)

612 N.Y.S.2d 12

The People of the State of New York, Respondent, v. Fikry Sidhom, Appellant

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

May 12, 1994

Defendant's motion to suppress physical evidence was properly denied. We find that the People met their burden of coming forward (People v Berrios, 28 N.Y.2d 361, 367) with evidence that the officer observed the firearm from a lawful vantage point outside the car (see, People v Cruz, 34 N.Y.2d 362, 370), and that defendant failed to meet his burden of proving that the officer impermissibly...

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