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PEOPLE v. LEACH

6 A.D.3d 238 (2004)

774 N.Y.S.2d 335

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRYL LEACH, Appellant.

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

April 15, 2004.

The court properly denied defendant's suppression motion. The record supports the court's finding that police questioning of defendant as to how to unload a pistol of a type that was unfamiliar to the recovering officer was justified under the safety exception to the requirement of Miranda warnings (see New York v Quarles, 467 U.S. 649 [1984]; People v Oquendo, 252 A.D.2d 312 [1999],...

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