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IN THE MATTER OF WILLIAM S
Appellate Division of the Supreme Court of New York, First Department.
Dec 16, 2004
The court properly denied appellant's suppression motion. During a lawful traffic stop, the suspicious actions of appellant and another passenger warranted the officer's minimal intrusion of poking his head into the car, where he saw a pistol in open view ( see People v. David L., 56 NY2d 698 [ revg on dissenting mem 81 AD2d 893, 895-896 (1981)], cert denied 459 US 866; People v. Gonzalez, 298 AD2d 133, lv denied 99 NY2d 614).
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