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PEOPLE v. ALLENDE

39 N.Y.2d 474 (1976)

The People of the State of New York, Respondent, v. Efrain Allende, Appellant.

Court of Appeals of the State of New York.

Decided May 11, 1976.

Attorney(s) appearing for the Case

Rowan Peter Kirchheimer and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Gail L. Geisinger of counsel), for respondent.

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

FUCHSBERG, J.

The facts in this case are undisputed. On the night of August 31, 1974, Officers Ralph Friedman and Robert De Matas, dressed in civilian clothes and driving a yellow taxicab, were on anticrime patrol in Bronx County. At approximately 10:45 P.M., they observed four men, of whom one was the defendant Allende, sitting in a double-parked 1974 Chevrolet Vega...

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