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PEOPLE v. CHANN

221 A.D.2d 155 (1995)

633 N.Y.S.2d 150

The People of the State of New York, Appellant, v. Bu Chann, Respondent

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

November 2, 1995

Defendant's motion to suppress was properly granted. During a traffic stop, defendant made a hand motion as if to place an object in the back seat. This did not provide sufficient basis to search the vehicle (People v McCready, 121 A.D.2d 897, appeal dismissed 69 N.Y.2d 981). Nothing in defendant's behavior prior to the stop, to wit, looking away and slumping down, suggested that he was armed (People v Concepcion, ...

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