People v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Asch, J.
On August 26, 1981 at about 9:50 p.m., Transit Police Officers Christopher O’Brien and Henry McCormick were on the mezzanine level of the 125th Street and Lexington Avenue subway station. Officer O’Brien first noticed defendant as he was walking down the stairs from the street above in the company of another male. From a distance of about 10 feet, the officer observed a distinct bulge in defendant’s waistband which “seemed to outline the handle of a gun.”
O’Brien told Officer McCormick, who had his back to defendant at this time, that he thought “that guy’s got a…
2Cases cited6 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- People v. BenjaminNew York Court of Appeals · 1980
- People v. ChestnutNew York Court of Appeals · 1980
- People v. OdenNew York Court of Appeals · 1975
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3Cited by7 opinions
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 1983
- People v. NeelyAppellate Division of the Supreme Court of the State of New York · 1996
- People v. HendersonAppellate Division of the Supreme Court of the State of New York · 2011
- In re Alphonso J.Appellate Division of the Supreme Court of the State of New York · 1990
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 1997
2 more not listed; retrieve them via the Exa API.