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PEOPLE v. BILBATUA

208 A.D.2d 404 (1994)

617 N.Y.S.2d 162

The People of the State of New York, Respondent, v. Juan Bilbatua, Appellant

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

October 13, 1994

The trial court properly denied defendant's motion to suppress the contents of a paper bag clutched between defendant's legs which was seized at the time the arrest was made and before the police had an opportunity to handcuff defendant (compare, People v Gokey, 60 N.Y.2d 309, with People v Smith, 59 N.Y.2d 454).

Defendant's claim that count two of his indictment was...

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