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PEOPLE v. MILLER

208 A.D.2d 386 (1994)

618 N.Y.S.2d 204

The People of the State of New York, Appellant, v. Jamal Miller, Respondent

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

October 6, 1994

We agree with the suppression court that the arresting officer's observation of defendant at the bus terminal did not give rise to a founded suspicion that the bag defendant had placed in front of the luggage compartment of the bus he was boarding contained drugs or other contraband, that the officer's subsequent questioning of defendant after the officer had returned with defendant's bag was not informational but accusatory (

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