A suspect who kept reaching into his pocket over the objections of a police officer invited a patdown, a deeply divided appellate panel has held in reinstating evidence and a statement that a trial court had suppressed.
May 07, 2013 at 12:00 AM
1 minute read
A suspect who kept reaching into his pocket over the objections of a police officer invited a patdown, a deeply divided appellate panel has held in reinstating evidence and a statement that a trial court had suppressed.
The Appellate Division, Fourth Department, split 3-2 in reversing Erie County Judge Michael Pietruszka (See Profile). Pietruszka had suppressed the gun seized from Quentin Sims, finding that police had no right to search the suspect.
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