PEOPLE v. HERRERA

1139

76 A.D.3d 891 (2010)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. Rolando HERRERA, Respondent.

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

Decided September 23, 2010.


On the night of March 11, 2007, the arresting detective and his partner were on motor patrol in an area known for gang activity. At approximately 11:30 P.M., defendant walked in front of the detective's unmarked car at a deliberately slow pace, giving the appearance that he was trying to interfere with the flow of traffic. As the police car passed defendant, the detective observed in the light of the street lamps a shiny, silver-colored metallic object clipped to defendant...

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