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PEOPLE v. MOSELY

200 A.D.2d 430 (1994)

606 N.Y.S.2d 617

The People of the State of New York, Respondent, v. Bruce Mosely, Appellant

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

January 11, 1994

Police, passing by defendant while on routine patrol, observed defendant, through his open jacket, shove something into his waistband. During a second pass, police observed the butt of a gun protruding two or three inches above defendant's waistline. The officers stopped defendant, and, after a struggle, recovered the gun and bullets.

Viewing the evidence in the light most favorable to the People and giving due deference...

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