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PEOPLE v. LEWIS

2011-04170, (Ind. No. 1727/09).

107 A.D.3d 826 (2013)

966 N.Y.S.2d 687

2013 NY Slip Op 4359

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATHANIEL LEWIS, Appellant.

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

Decided June 12, 2013.

Ordered that the judgment is affirmed.

The Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress the gun recovered from his person during a traffic stop. Contrary to the defendant's contention, the police officer's testimony at the hearing on June 22, 2010, that he observed an ammunition magazine in plain view inside the vehicle in which the defendant was a passenger, after stopping...

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