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PEOPLE v. STEWART

41 N.Y.2d 65 (1976)

The People of the State of New York, Respondent, v. Jerry Stewart, Appellant. The People of the State of New York, Respondent, v. Donald Williams, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1976.

Attorney(s) appearing for the Case

Richard A. Greenberg and William E. Hellerstein, New York City, for appellant in the first above-entitled action.

Eugene Gold, District Attorney (Stephen Riddell of counsel), Brooklyn, for respondent in the first above-entitled action.

Susan A. Powers, William E. Hellerstein and William J. Gallagher, New York City, for appellant in the second above-entitled action.

Robert M. Morgenthau, District Attorney (Jane Deutscher and Peter L. Zimroth of counsel), New York City, for respondent in the second above-entitled action.

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

WACHTLER, J.

Both these cases involve the use of anonymous telephone information by the police as a predicate to approach individuals on the street. In People v Williams the order of the Appellate Division should be affirmed; in People v Stewart the order of the Appellate Division reversed.

The ratio decidendi for the instant cases will be clearer if the standards which were enunciated...

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