PEOPLE v. WESLEY


290 A.D.2d 244 (2002)

735 N.Y.S.2d 130

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE WESLEY, Appellant.

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

Decided January 8, 2002.


Defendant got into a scuffle with a police officer who had pulled over the taxi in which defendant was a passenger after the cab went through a taxicab checkpoint without stopping. When the officer opened the rear door of the cab, defendant held a bottle up to the officer's face and said he was "just drinking." Then he extended one leg out of the cab and pushed the officer. During the ensuing tussle, the officer discovered a gun in defendant's waistband.

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