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PEOPLE v. BORNHOLDT

33 N.Y.2d 75 (1973)

The People of the State of New York, Respondent, v. Robert Bornholdt, Appellant. The People of the State of New York, Respondent, v. Albert Victory, Appellant.

Court of Appeals of the State of New York.

Decided October 23, 1973.

Attorney(s) appearing for the Case

Herald Price Fahringer and Lawrence A. Schulz for Albert Victory, appellant.

Gerald Zuckerman for Robert Bornholdt, appellant.

Frank S. Hogan, District Attorney (Lewis R. Friedman and Michael R. Juviler of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BREITEL, GABRIELLI, JONES and WACHTLER concur.

JASEN, J.

At about 1:00 A.M. on October 7, 1968, a Cadillac operated by Albert Victory, with Robert Bornholdt as a passenger, sped through a red light on East 54th Street near Fifth Avenue in New York City. Patrolman John Varecha, a 25-year-old uniformed police officer on duty in the area, commandeered a taxicab and pursued the vehicle to Arthur's Discotheque on East 54th Street near Third Avenue. In the course...

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