People v. Quarles

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*666It was only after defendant had been frisked and his hands handcuffed behind his back that, in consequence of the discovery of an empty shoulder holster, Officer Kraft asked him where the gun was. Pointing to a liquid soap carton several feet away, defendant replied, “The gun is over there.” At the time defendant was surrounded by four police officers whose guns had been returned to their holsters because, as Officer Kraft testified, “the situation was under control”. Nothing suggests that any of the…