PEOPLE v. MENDEZ

1878, 4307/07

68 A.D.3d 662 (2009)

2009 NY Slip Op 9700

894 N.Y.S.2d 9

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE MENDEZ, Appellant.

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

Decided December 29, 2009.


The arresting officer's observations warranted a common-law inquiry into whether defendant was carrying an illegal gravity knife, but they did not provide reasonable suspicion of criminality warranting a seizure. The officer testified that he saw a portion of a knife handle and a clip on defendant's pocket, leading him to believe that it was a folding knife. When the officer asked defendant "if he had anything on him that he shouldn't have" such as a "knife or a gun," defendant...

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