People v. Fernandez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
On April 25, 2009, at about 11:00 p.m., Police Officers Diaz, Walters and Bektashaj were on patrol in plain clothes in an *475unmarked car. While driving, Diaz’s attention was drawn to defendant because, even though it was an unusually warm night, he was wearing a brown sweatshirt with the hood over his head, and he was crouching behind an SUV and looking at two men.
Diaz saw that defendant was holding something near his waistband, and suspected it was a gun. However, he could not see defendant’s hand and did not see a weapon. Walters thought that defendant was holding something, inside the pocket…
2Cases cited7 opinions
- People v. De BourNew York Court of Appeals · 1976
- People v. SierraNew York Court of Appeals · 1994
- People v. BatistaNew York Court of Appeals · 1996
- People v. RiddickAppellate Division of the Supreme Court of the State of New York · 2010
- People v. PowellAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by15 opinions
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- In re Jaquan M.Appellate Division of the Supreme Court of the State of New York · 2012
- In re Jaquan M.Appellate Division of the Supreme Court of the State of New York · 2012
- In re Jaquan M.Appellate Division of the Supreme Court of the State of New York · 2012
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