PEOPLE v. LORETTA

9731, 4520/09.

107 A.D.3d 541 (2013)

969 N.Y.S.2d 1

2013 NY Slip Op 4562

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DELBART LORETTA, Appellant.

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

Decided June 18, 2013.


The court properly denied defendant's suppression motion. In a drug-prone neighborhood, the arresting detective saw defendant place what appeared to be an aluminum foil object, consistent with drug packaging, in his shirt pocket. With two other officers standing on either side of defendant, the detective approached defendant. As the detective approached, but before any police action other than the approach itself, defendant acted in a nervous manner and appeared to be using...

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