PEOPLE v. GONZALEZ


212 A.D.2d 410 (1995)

622 N.Y.S.2d 685

The People of the State of New York, Appellant, v. John Gonzalez, Respondent The People of the State of New York, Appellant, v. Wilson Antigua, Respondent The People of the State of New York, Appellant, v. Julian Duran, Respondent

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

February 14, 1995


The hearing court properly suppressed the gun since the officer's hearing a metallic thud inside the car did not establish a reasonable suspicion to believe a gun was present inside the car (see, Matter of Gregory M., 82 N.Y.2d 588, 591). Furthermore, since the defendants were being held at gunpoint by another officer, the flashlight search of the car could not be justified as a...

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