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PEOPLE v. SCALEGNIO

14 N.Y.2d 744 (1964)

The People of the State of New York, Respondent, v. Frank Scalegnio, Appellant.

Court of Appeals of the State of New York.

Decided May 7, 1964.

Attorney(s) appearing for the Case

P. Emmett Toner for appellant.

John M. Braisted, Jr., District Attorney (Thomas R. Sullivan of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Dissent: Judge DYE.

Order of Appellate Term reversed and motion to suppress granted (see People v. Caliente, 12 N.Y.2d 89).

Judge DYE dissents and votes to affirm in the following memorandum: When we take into consideration that, shortly before the officer lawfully stopped defendant's automobile for a traffic violation, he had observed defendant make contact with a known drug pusher under suspicious circumstances, it was not unreasonable...

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