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PEOPLE v. JACKSON

39 N.Y.2d 64 (1976)

The People of the State of New York, Respondent, v. Kelly Jackson, Appellant.

Court of Appeals of the State of New York.

Decided March 25, 1976.

Attorney(s) appearing for the Case

Stanley Neustadter, Robert B. Sherman and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Norman Barclay, Peter L. Zimroth, Robert M. Pitler and Steven R. Kartagener of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

On the morning of October 14, 1971, Officers Hart, Wooley and Redmond established an observation post in an empty second-floor classroom. The focal point of their surveillance was the sidewalk in front of 305 and 307 West 127th Street, approximately 300 feet away. Three other officers waited in an unmarked police car, remaining in contact via walkie-talkie and ready to respond to the observation team...

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