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PEOPLE v. JOYIENS

39 N.Y.2d 197 (1976)

The People of the State of New York, Respondent, v. Kim Joyiens, Appellant.

Court of Appeals of the State of New York.

Decided April 6, 1976.

Attorney(s) appearing for the Case

Sidney G. Sparrow for appellant.

Nicholas Ferraro, District Attorney (Joseph R. Onorato of counsel), for respondent.

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

COOKE, J.

Two New York City policemen, Patrolmen Scarabino and Rollins, were standing on Westgate Avenue near a call box at the intersection of that thoroughfare and Farmers Boulevard in the Borough of Queens. It was August 26, 1970, a bit before midnight. Both were on foot patrol, working adjoining "posts", and had come to make scheduled rings at the call box which...

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