PEOPLE v. NADEL


55 A.D.2d 659 (1976)

The People of the State of New York, Respondent, v. Barry Nadel, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 20, 1976


Judgment reversed, on the law and the facts, motion to suppress granted, and indictment dismissed.

At about 4:30 A.M., on March 10, 1975, a uniformed police officer on motor patrol responded to a radio run concerning a dispute on Avenue V in Brooklyn. The "dispute" was not otherwise described. It was dark out. As the officer alighted from the car he was driving, he saw the defendant walking towards him. At a distance of four or five feet, he, the officer, noticed...

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