PEOPLE v. GILES


223 A.D.2d 39 (1996)

647 N.Y.S.2d 4

The People of the State of New York, Respondent, v. Ronald Giles, Appellant

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

September 5, 1996


Attorney(s) appearing for the Case

Isaac D. Hurwitz of counsel (Daniel L. Greenberg, attorney), for appellant.

Jonathan J. Faust of counsel (Ilisa T. Fleischer on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

MURPHY, P. J., WALLACH, ROSS and NARDELLI, JJ., concur.


MILONAS, J.

We are presented with yet another permutation of a late-night street confrontation between the police and a private citizen, an unexpected encounter occurring on routine patrol that resulted in the discovery of a gun in defendant's possession. These particular events unfolded in the following fashion. Shortly after midnight on a hot August night, three plain-clothes police officers driving westbound...

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