Judgment reversed, on the law and the facts, motion granted and indictment dismissed.
On April 22, 1974, at about 1:15 A.M., appellant and a companion entered a bar in Brooklyn and ordered drinks. Appellant then went into a phone booth and made a call. He returned to the bar and, after finishing their drinks, appellant and his companion left. Also present in the bar were an off-duty detective of the New York City Police Department, Detective Keough, and his friend...
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