PEOPLE v. WILKONSON


281 A.D.2d 373 (2001)

724 N.Y.S.2d 18

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BYRON WILKONSON, Appellant.

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

Decided March 29, 2001.


Defendant's suppression motion was properly denied. There is no basis upon which to disturb the court's credibility determinations, which are supported by the record. The credible evidence established that, upon his lawful approach of defendant, the officer observed the magazine of a gun protruding from defendant's duffle bag, and further established that no seizure of defendant occurred until after that observation was made. The observation provided probable cause for defendant...

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