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PEOPLE v. PACKER

49 A.D.3d 184 (2008)

851 N.Y.S.2d 40

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW PACKER, Appellant.

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

January 29, 2008.

Attorney(s) appearing for the Case

Steven Banks, The Legal Aid Society, New York City (Ellen Dille of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Eric Rosen and Sheryl Feldman of counsel), for respondent.

TOM and GONZALEZ, JJ., concur with LIPPMAN, P.J.; MARLOW and MALONE, JJ., dissent in a separate opinion by MALONE, J.

OPINION OF THE COURT

LIPPMAN, P.J.

At the hearing upon defendant's suppression motion, the police witnesses gave an essentially uncontradicted account of the events leading to the discovery of a knife in defendant's backpack. Defendant had been a passenger in a car operated by an individual sought by the police for cashing forged checks. When the car was stopped by the police so that the arrest of the suspected check forger could be made, defendant attempted...

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