PEOPLE v. SULLIVAN


258 A.D.2d 344 (1999)

685 N.Y.S.2d 221

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERUE SULLIVAN, Appellant.

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

Decided February 18, 1999.


The hearing court properly denied defendant's motion to suppress. We see no basis to disturb the hearing court's credibility findings. After an undisputedly lawful stop of a livery cab, the police saw a gun protruding from an unzipped bag on the floor of the front passenger seat, which defendant had occupied prior to being removed from the cab. The cab driver testified that defendant pushed the bag, which he had brought into the cab, with his feet as the police approached...

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