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PEOPLE v. SHABAZZ

Nos. 150, 151.

22 N.Y.3d 896 (2013)

999 N.E.2d 504

2013 NY Slip Op 6634

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OMAR SHABAZZ, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD PERRINGTON, Appellant.

Court of Appeals of New York.

Decided October 15, 2013.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Barbara Zolot of counsel), for appellant in the first above-entitled action.

David K. Bertan , Bronx, for appellant in the second above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Susan Gliner and Britta Gilmore of counsel), for respondent in the first and second above-entitled actions.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Defendants and a female codefendant were passengers in an automobile that was stopped by the police. All the occupants were charged with second-degree weapon possession after the officers observed a loaded handgun protruding from a handbag near the rear seat of the vehicle where the woman had been sitting.

During the course of...

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