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PEOPLE v. MALDONADO

251 A.D.2d 48 (1998)

672 N.Y.S.2d 719

The People of the State of New York, Respondent, v. Abdon Maldonado, Appellant

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

June 4, 1998

Defendant's suppression motion was properly denied. The record supports the hearing court's finding that the stop of defendant's vehicle for an actual traffic violation was not pretextual. The frisk of the occupants was justified by their suspicious movements (see, People v Roth, 66 N.Y.2d 688). The officer's discovery of a gun in a passenger's waistband created probable cause to...

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