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PEOPLE v. LA PENE

49 A.D.2d 604 (1975)

The People of the State of New York, Respondent, v. Milton La Pene, III, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 14, 1975

Judgment and order affirmed.

No opinion.

Shapiro, J., dissents and votes to reverse the judgment and order and to dismiss the indictment, with the following memorandum:

The sole question presented on this appeal is the propriety of a frisk of the defendant's person.

THE FACTS

On December 4, 1971 Police Officer Sheeran and his partner were riding in a radio patrol car. They received...

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