The arresting officer's testimony that defendant appeared to be tampering with a public telephone and made a quick hand movement to his open shoulder bag in response to another officer's announcement of his identity and inquiry as to defendant's activity was not incredible as a matter of law, and, in the context of a rapidly unfolding street encounter, justified the officer's belief that he and his partner were in imminent danger (see, People v Benjamin,
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PEOPLE v. KELLMAN
205 A.D.2d 477 (1994)
614 N.Y.S.2d 12
The People of the State of New York, Respondent, v. Jomo Kellman, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
June 30, 1994
June 30, 1994
Appellate Division of the Supreme Court of the State of New York, First Department.
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