PEOPLE v. HARDING


37 N.Y.2d 130 (1975)

The People of the State of New York, Appellant, v. James Harding, Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1975.


Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Robert C. Bernius of counsel), for appellant.

Stuart R. Shaw for respondent.

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


WACHTLER, J.

In July, 1969 the defendant James Harding, then a lieutenant in the New York City Police Department, observed Thelma Bodrick, a numbers runner, in the act of taking a bet in Brooklyn. He stopped her and threatened her with arrest unless she would divulge the name of her "banker". She identified Leroy Massey and the defendant then took her to a phone booth and told her to call Massey. After she placed...

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