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PEOPLE v. HARDEE

No. 49.

30 N.Y.3d 991 (2017)

2017 NY Slip Op 08038

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STANLEY HARDEE, Appellant.

Court of Appeals of New York.

Reargued October 11, 2017.

Decided November 16, 2017.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Rachel T. Goldberg of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Jessica Olive and Dana Poole of counsel), for respondent.

Chief Judge DIFIORE and Judges FAHEY, GARCIA and FEINMAN concur; Judge STEIN dissents in an opinion, in which Judges RIVERA and WILSON concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The issue whether "the likelihood of a weapon in [defendant's] car [was] substantial and the danger to the ... safety [of the officers who stopped that vehicle was] `actual and specific'" (People v Carvey, 89 N.Y.2d 707, 711 [1997], quoting People v Torres,

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