PEOPLE v. REID

717/09, 7360

104 A.D.3d 58 (2013)

957 N.Y.S.2d 332

2013 NY Slip Op 26

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GRAHAM REID, Appellant.

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

January 3, 2013.


Attorney(s) appearing for the Case

Steven Banks , The Legal Aid Society, New York City ( Allen S. Axelrod of counsel) and Davis Polk & Wardwell LLP, New York City ( Marc J. Tobak , Antonio J. Perez-Marquez and Heidi E. Reiner of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Sean T. Masson and Richard Nahas of counsel), for respondent.

SWEENY, J.P., MOSKOWITZ, RENWICK and ABDUS-SALAAM, JJ., concur.


OPINION OF THE COURT

SAXE, J.

This appeal addresses whether suppression should have been granted where the police stopped defendant's car for a traffic infraction, and, based on what the arresting officer heard and observed, defendant was asked to exit the car and was patted down; he was placed under arrest only after a knife was found in his pocket. Because the arresting officer candidly admitted that he had not intended to arrest the driver before discovering...

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