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PEOPLE v. ZAPATA

256 A.D.2d 202 (1998)

682 N.Y.S.2d 377

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS ZAPATA, Appellant.

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

Decided December 22, 1998.

Defendant's suppression motion was properly denied. As he lawfully approached defendant, and prior to any search, the arresting officer observed defendant "drinking what reasonably appeared to be an alcoholic beverage from an open bottle" (Matter of Johnnie A., 253 A.D.2d 578), contained in a paper bag that was open for the purpose of drinking the beverage, and that observation was coupled with defendant's inability to produce identification...

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