PEOPLE v. VARGAS

3387, 53096C/07.

89 A.D.3d 582 (2011)

933 N.Y.S.2d 23

2011 NY Slip Op 8457

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MARCOANGEL VARGAS, Respondent.

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

Decided November 22, 2011.


At a Mapp/Dunaway hearing on defendant's motion to suppress the introduction of a switchblade knife into evidence, a police officer testified that while driving in a police van, he made eye contact with defendant, who then turned around and walked in the opposite direction. The officer stated that he then observed, protruding from the coin pocket of defendant's pants, a "brownish, reddish handle with silver around it," that he thought was a knife. He testified that...

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