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PEOPLE v. RODNEY P. (ANONYMOUS)

21 N.Y.2d 1 (1967)

The People of the State of New York, Respondent, v. Rodney P. (Anonymous), Appellant.

Court of Appeals of the State of New York.

Decided November 30, 1967.

Attorney(s) appearing for the Case

Gerald S. Kirschbaum, James J. McDonough and Matthew Muraskin for appellant.

William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.

Judges VAN VOORHIS, SCILEPPI, BERGAN and BREITEL concur with Judge KEATING; Judge BURKE dissents and votes to reverse in an opinion in which Chief Judge FULD concurs.

KEATING, J.

Daniel W. was arrested by the police on May 19, 1966 in connection with the theft of a 1963 Chevrolet. After some questioning he identified the appellant, Rodney P., then 16 years old, as his accomplice. Since he knew where Rodney lived (but not the precise address) Daniel directed two detectives to Rodney's home. They arrived there at about 8:00 P.M. Detective Lally left Daniel in the car with his...

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