PEOPLE v. THOMAS

2011-03602.

94 A.D.3d 914 (2012)

941 N.Y.S.2d 524

2012 NY Slip Op 2714

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ARTHUR THOMAS, Respondent.

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

Decided April 10, 2012.


Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant's omnibus motion which was to suppress a weapon is denied, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings on the indictment.

After a traffic stop, the defendant was arrested when he exclaimed that he was in possession of drugs and then handed the drugs to the arresting police officers. At the time of the arrest,

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