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PEOPLE v. FERNANDEZ

Nos. 5501, 2082/09

87 A.D.3d 474 (2011)

928 N.Y.S.2d 293

2011 NY Slip Op 6299

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BONELLY FERNANDEZ, Respondent.

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

Decided August 18, 2011.

On April 25, 2009, at about 11:00 P.M., Police Officers Diaz, Walters and Bektashaj were on patrol in plain clothes in an unmarked car. While driving, Diaz's attention was drawn to defendant because, even though it was an unusually warm night, he was wearing a brown sweatshirt with the hood over his head, and he was crouching behind an SUV and looking at two men.

Diaz saw that defendant was holding something near his waistband...

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