PEOPLE v. ROBINSON


271 A.D.2d 17 (2000)

711 N.Y.S.2d 384

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK ROBINSON, Appellant.

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

July 6, 2000.


Attorney(s) appearing for the Case

Cheryl D. Harris of counsel (Stuart P. Levy on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for respondent.

Abigail Everett of counsel (Robert S. Dean, Center for Appellate Litigation, attorney), for appellant, and appellant pro se.

NARDELLI, MAZZARELLI and SAXE, JJ., concur.


OPINION OF THE COURT

SULLIVAN, P. J.

This appeal, from a conviction after trial, presents, inter alia, a challenge to the denial, after a hearing, of suppression of a gun recovered from the floor of a livery cab stopped by the police for a traffic violation. According to defendant, the cab was unconstitutionally stopped on the mere pretext of a traffic violation. In asserting this argument, defendant relies heavily on police testimony that the officers...

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