PEOPLE v. DANIELS

109431.

167 A.D.3d 1088 (2018)

89 N.Y.S.3d 436

2018 NY Slip Op 08382

The People of the State of New York, Respondent, v. Robert J. Daniels, Appellant.

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

Decided December 6, 2018.


A police officer ordered defendant and two other individuals to get out of a parked vehicle after noticing a plastic bag containing marihuana lying in plain view on the rear seat. Defendant complied and was then frisked by the officer, who discovered a switchblade in defendant's front pocket. As a result, defendant was charged in an indictment with criminal possession of a weapon in the third degree. Following a Huntley/Mapp hearing, defendant's motion to suppress...

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