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PEOPLE v. PETTIFORD

220 A.D.2d 261 (1995)

632 N.Y.S.2d 83

The People of the State of New York, Respondent, v. Steven Pettiford, Appellant

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

October 10, 1995

Defendant's arrest, based on the arresting officer's observation of defendant's passing of a ziplock bag to another unapprehended party, was improper. Although such activity is evidence of an illicit drug transaction, the officer did not observe the contents of the bag, did not see any furtive behavior on the part of either the defendant or the other individual and saw no money change hands, other criteria which would have provided...

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