PEOPLE v. GERARD

Nos. 7124, 6192/09.

94 A.D.3d 592 (2012)

942 N.Y.S.2d 112

2012 NY Slip Op 2957

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL GERARD, Appellant.

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

Decided April 19, 2012.


It was a permissible intrusion for the investigating officer to have approached defendant to ask him whether he was carrying a weapon and whether he was all right, based upon his founded suspicion that criminality was afoot, derived from (1) defendant's presence in a "drug-prone and gun-prone" location at approximately 2:45 A.M., (2) the weighted-down appearance of the left side of defendant's unzipped jacket; (3) defendant's change in course after he noticed the police officers...

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