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PEOPLE v. OCTAVIO

2011RI004264.

34 Misc.3d 790 (2011)

932 N.Y.S.2d 803

2011 NY Slip Op 21404

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. REYES OCTAVIO, Defendant.

Criminal Court of the City of New York, Richmond County.

Decided July 5, 2011.

Attorney(s) appearing for the Case

Legal Aid Society, Staten Island ( Rebeka Z. Penberg of counsel), for defendant.

Daniel M. Donovan, Jr. , District Attorney, Staten Island ( David Newton of counsel), for plaintiff.

OPINION OF THE COURT

MARIO F. MATTEI, J.

A rose by any other name may still be a rose, but the same may not be true of gravity knives.

In People v Dreyden (15 N.Y.3d 100, 104 [2010]), the Court of Appeals held that

"[a]n arresting officer should, at the very least, explain briefly, with reference to his training and experience, how he or she formed the belief that the object observed in defendant...

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