PEOPLE v. MARTINEZ


268 A.D.2d 266 (2000)

701 N.Y.S.2d 377

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON MARTINEZ, Appellant.

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

Decided January 13, 2000.


At approximately 2:00 A.M. on February 28, 1997, Police Officer Pagan observed defendant holding an open beer can in front of 983 Amsterdam Avenue in Manhattan. Pagan, intending to give defendant a summons for an open container violation, approached defendant and asked him for identification. Defendant responded that he did not have any on him but that he could retrieve his identification because he lived in the building. Pagan accompanied defendant to an apartment where...

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