PEOPLE v. DAVIS


240 A.D.2d 309 (1997)

659 N.Y.S.2d 437

The People of the State of New York, Respondent, v. Benjamin Davis, Appellant

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

June 24, 1997


Police officers responding to a radio run of gunshots fired in the presence of several persons in a specified apartment saw defendant, carrying a shopping bag, walking away from the subject apartment just as the door closed behind him. Upon seeing the officers, defendant tried returning to the apartment, quickening his pace as the officers asked him to stop. As defendant turned the door knob, one officer, fearing defendant's ability to retrieve a gun, held defendant's shoulder...

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