PEOPLE v. WALLACE

4870, 1438/07.

89 A.D.3d 559 (2011)

933 N.Y.S.2d 13

2011 NY Slip Op 8287

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DEVON WALLACE, Respondent.

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

Decided November 17, 2011.


On the morning of March 18, 2007, the operator of a stopped J train in the Gates Avenue station in Brooklyn was approached by a man on the platform he described as of "Indian" appearance. The man, who spoke quickly and appeared to be nervous, told the operator, who had almost 20 years of experience, that a black man in the first car of the train had a gun in a brown bag and was displaying it to people. The operator, while continuing the train run, used his radio to contact...

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