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People v. Moret

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1997
240 A.D.2d 321 (N.Y. App. Div. 1997)

Opinion

June 24, 1997

Appeal from Supreme Court, New York County (Paul P.E. Bookson, J.).


Defendant's motion to suppress was properly denied. Officers assigned to the Taxi-Livery Robbery Task Force noticed a taxi cab speeding and driving erratically, which was consistent with directions given by the police to taxi cab drivers to signal in that manner when they are in trouble. The officers stopped the cab and shined a flashlight inside. Noticing a bulge in defendant's right front pocket, the officer ordered him out of the cab as a precautionary measure. Defendant exited the cab without making eye contact with the officer, and the bulge in his pocket caused the right side of his shorts to sag, which bulge the officer believed to be a weapon, whereupon the officer grabbed the pocket and felt a pistol. The totality of circumstances permitted the minimal intrusion of touching the bulge and, upon ascertaining it was a weapon, of seizing it ( see, People v. Duncan, 234 A.D.2d 8; see also, People v. De Bour, 40 N.Y.2d 210, 221). We have considered defendant's other contentions and find them to be without merit.

Concur — Sullivan, J.P., Milonas, Williams and Tom, JJ.


Summaries of

People v. Moret

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1997
240 A.D.2d 321 (N.Y. App. Div. 1997)
Case details for

People v. Moret

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY MORET, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 24, 1997

Citations

240 A.D.2d 321 (N.Y. App. Div. 1997)
659 N.Y.S.2d 445

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