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PEOPLE v. HENSEN

21 A.D.3d 172 (2005)

799 N.Y.S.2d 444

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ROY HENSEN, Respondent.

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

July 14, 2005.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York City (Mary C. Farrington of counsel), for appellant.

Robert S. Dean, Center for Appellate Litigation, New York City (Laura I. Appleman of counsel), for respondent.

SAXE, J.P., SULLIVAN and WILLIAMS, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.

In this appeal, we are asked to determine whether the hearing court properly suppressed certain physical evidence recovered from defendant's person after the livery cab in which he was a passenger was pulled over for a routine traffic stop.

Defendant, by New York County indictment number 3237/02, was charged with criminal possession of a controlled substance in the...

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