PEOPLE v. NICHOLAS

105900.

125 A.D.3d 1191 (2015)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MICHAEL NICHOLAS, Also Known as MICHAEL NICHOLAS CUMMINGS, Respondent.

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

Decided February 26, 2015.


During the afternoon on April 9, 2012, police stopped a car in the City of Schenectady, Schenectady County, based on information that there was an active arrest warrant for the driver. Defendant, a rear seat passenger, was observed by police with his hand in the open zipper of his pants. When he failed to adhere to police directives...

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