PEOPLE v. CHEEK


18 A.D.3d 475 (2005)

794 N.Y.S.2d 129

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUSSELL CHEEK, Appellant.

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

May 2, 2005.


Ordered that the judgment is affirmed.

Upon reargument, the Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress a handgun found inside a vehicle in which he was a passenger. At the time of the legal traffic stop, the detectives were aware, through a confidential informant, that a gun sale was to take place involving a suspect matching the defendant's description. The detectives were further aware that the suspect would...

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