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PEOPLE v. FLAVIUS

2014-10357

131 A.D.3d 541 (2015)

14 N.Y.S.3d 708

2015 NY Slip Op 06516

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DEVON J. FLAVIUS, Respondent.

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

Decided August 12, 2015.

Ordered that the order is affirmed.

Contrary to the People's contention, the frisk of the defendant by a police officer was not justified, as there was no circumstance to support a reasonable suspicion that the officer was in danger of physical injury (see CPL 140.50 [3]; People v Holmes, 81 N.Y.2d 1056, 1058 [1993]; People v Martinez, 191 A.D.2d 457, 458-459 [1993]; People...

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