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PEOPLE v. DE BOUR

40 N.Y.2d 210 (1976)

The People of the State of New York, Respondent, v. Louis De Bour, Also Known as Louis De John, Appellant. The People of the State of New York, Respondent, v. Milton La Pene, III, Appellant.

Court of Appeals of the State of New York.

Decided June 15, 1976.

Attorney(s) appearing for the Case

Susan E. Hofkin and William E. Hellerstein for appellant in the first above-entitled action.

Eugene Gold, District Attorney (Eugene H. Scher of counsel), for respondent in the first above-entitled action.

David J. Gottlieb and William E. Hellerstein for appellant in the second above-entitled action.

Nicholas Ferraro, District Attorney (Joseph DeFelice of counsel), for respondent in the second above-entitled action.

Chief Judge BREITEL and Judges JASEN, GABRIELLI and JONES concur with Judge WACHTLER; Judge FUCHSBERG concurs in a separate opinion in which Judge COOKE concurs.

WACHTLER, J.

Both of these appeals concern the very sensitive and troublesome issues relating to the nature and extent of police conduct toward private citizens. In People v De Bour the order of the Appellate Division should be affirmed; in People v La Pene the order of the Appellate Division should be reversed.

People v De Bour

This case raises the fundamental issue of...

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