PEOPLE v. WIMBERLY

103279.

86 A.D.3d 806 (2011)

927 N.Y.S.2d 229

2011 NY Slip Op 5994

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARREL WIMBERLY, Appellant.

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

Decided July 21, 2011.


McCARTHY, J.

A department store's loss prevention officer observed defendant stuffing several pairs of socks down his pants. When the loss prevention officer followed defendant out of the store and confronted him, defendant pulled what appeared to be a handgun from his waistband and questioned why he was being stopped. The loss prevention officer backed away. He then called the police and directed them to defendant, who was attempting to get a ride from drivers in...

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