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PEOPLE v. NEWMAN

Nos. 6770, 6771, 6772, 6773, 1402/08.

96 A.D.3d 34 (2012)

942 N.Y.S.2d 93

2012 NY Slip Op 2816

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICE NEWMAN, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDDIE WILSON, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RODGER WILSON, Appellant.

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

April 17, 2012.

Attorney(s) appearing for the Case

Robert S. Dean , Center of Appellate Litigation, New York City ( Jody Ratner of counsel), for Maurice Newman, appellant.

Steven Banks , The Legal Aid Society, New York City ( Paul Wiener of counsel), for Freddie Wilson, appellant.

Office of the Appellate Defender, New York City ( Richard M. Greenberg of counsel), and Paul, Hastings LLP, New York City ( Joshua M. Bennett , Kenneth M. Breen and Douglas I. Koff of counsel), for Rodger Wilson, appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Grace Vee and Susan Gliner of counsel), for respondent.

TOM, J.P., SWEENY, RENWICK and ROMÁN, JJ., concur with ACOSTA, J.

OPINION OF THE COURT

ACOSTA, J.

This case addresses the kind of showing that must be made to justify a limited intrusion into a vehicle whose occupants have been removed and patted down. Applying the search and seizure provisions of the New York Constitution (NY Const, art I, § 12), we hold that the police action at issue in this case was proper. We believe that defendant Newman's deception in conjunction with...

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