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PEOPLE v. DAVIS

233 A.D.2d 148 (1996)

649 N.Y.S.2d 434

The People of the State of New York, Respondent, v. George Davis, Also Known as Michael Thomas, Appellant

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

November 12, 1996

Testimony by a police officer that defendant held out a bag and exclaimed that "it was just marijuana", when the police officer stopped his car after observing the vehicle "stop and go" and "lunge back and forth" in a manner that suggested that defendant might not know how to drive, was not incredible as a matter of law (see, People v Terry, 155 A.D.2d 391, lv denied 75 N.Y.2d 818). Defendant's claim that there was...

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