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PEOPLE v. MIRANDA

No. 212 SSM 23.

19 N.Y.3d 912 (2012)

2012 NY Slip Op 5095

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS MIRANDA, Appellant.

Court of Appeals of New York.

Decided June 26, 2012.

Attorney(s) appearing for the Case

Bronx Defenders , Bronx ( Kathryn E. Miller of counsel), for appellant.

Robert T. Johnson , District Attorney, Bronx ( Stanley R. Kaplan of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

At 11:30 P.M. on October 5, 2006, in Soundview Park in the Bronx, a New York City police officer observed a knife on defendant's person, and seized it, while he was issuing defendant a summons for trespass* and questioning him about his presence in the park after hours. The knife turned out to be a gravity

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