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Police had cause to grab a bag that turned out to contain a loaded gun from a subway passenger on the basis of a tip given to the train conductor, a unanimous Appellate Division, First Department, panel ruled yesterday. The panel of Justices David Friedman (See Profile), John W. Sweeny Jr. (See Profile), Leland G. DeGrasse (See Profile), Sheila Abdus-Salaam (See Profile) and Nelson S. Roman (See Profile) ruled in People v. Wallace, 1438/07, that the gun should not be suppressed as evidence in a criminal case against the passenger, Devon Wallace. The decision reversed an order by Justice Thomas Farber (See Profile), which suppressed the evidence.

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