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PEOPLE v. WRIGHT

168 Misc.2d 787 (1996)

645 N.Y.S.2d 275

The People of the State of New York, Plaintiff, v. Euklin Wright, Defendant.

Supreme Court, Kings County.

June 3, 1996

Attorney(s) appearing for the Case

Legal Aid Society, Brooklyn (Robert M. Baum and Jennifer Fiess of counsel), for defendant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Ingrid Wyllie of counsel), for plaintiff.

DAVID FRIEDMAN, J.

On this motion pursuant to CPL 330.30 the issue presented is whether a court may properly charge a jury that the lawfulness of police conduct in approaching and stopping a defendant is not a question for its determination. I conclude that such a charge is appropriate.

The issue has its genesis in defendant's arrest and indictment for criminal possession of a weapon in the third degree...

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