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PEOPLE v. GARCIA

No. 205.

20 N.Y.3d 317 (2012)

2012 NY Slip Op 8670

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MIGUEL GARCIA, Respondent.

Court of Appeals of New York.

Decided December 18, 2012.

Attorney(s) appearing for the Case

Robert T. Johnson , District Attorney, Bronx ( Stanley R. Kaplan and Joseph N. Ferdenzi of counsel), for appellant.

Kramer Levin Naftalis & Frankel, LLP, New York City ( Matan A. Koch of counsel), and Steven Banks , Legal Aid Society ( Andrew C. Fine and Denise Fabiano of counsel), for respondent.

OPINION OF THE COURT

CIPARICK, J.

On this appeal, we must determine whether a police officer may, without founded suspicion for the inquiry, ask the occupants of a lawfully stopped vehicle if they possess any weapons. We answer in the negative and, in so holding, necessarily conclude that the graduated framework set forth in People v De Bour (40 N.Y.2d 210 [1976...

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