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PEOPLE v. LOPEZ

20 Misc.3d 737 (2008)

864 N.Y.S.2d 696

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. GARRY MICHAEL LOPEZ, Defendant.

Supreme Court, Kings County.

June 26, 2008.

Attorney(s) appearing for the Case

Wayne Bodden, Brooklyn, for defendant.

Charles J. Hynes, District Attorney, Brooklyn (Kevin James of counsel), for plaintiff.

OPINION OF THE COURT

GUSTIN L. REICHBACH, J.

The defendant, charged with criminal possession of a weapon (Penal Law § 265.02), moves to suppress (CPL 710.20), claiming that the gun was recovered as a consequence of over-reaching police conduct based neither on probable cause nor reasonable suspicion. (People v De Bour, 40 N.Y.2d 210 [1976]; Dunaway v New York, 442 U.S. 200

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