Defendant's suppression motion was properly denied. The arresting officer's questioning of defendant, without Miranda warnings, about the location of a firearm was proper given the presence in the apartment of a concealed weapon and a young child, which posed a substantial threat to a number of people. Thus, the questions were necessary to secure the safety of the officers and the innocent bystanders (see, New York v Quarles,
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PEOPLE v. ENCARNACION
290 A.D.2d 269 (2002)
737 N.Y.S.2d 6
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDY ENCARNACION, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided January 10, 2002.
Decided January 10, 2002.
Appellate Division of the Supreme Court of the State of New York, First Department.
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