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PEOPLE v. SMITH

216 A.D.2d 233 (1995)

628 N.Y.S.2d 686

The People of the State of New York, Appellant, v. Collie Smith, Respondent

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

June 29, 1995

The hearing court properly suppressed the narcotics seized from defendant's pocket. The police acted properly in temporarily stopping defendant and conducting a protective pat-down upon receiving first-hand information from a citizen that defendant had brandished a gun at her (see, People v Smith, 178 A.D.2d 162, lv denied 79 N.Y.2d 953). However, once the officer had concluded that no weapon was present, the search...

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