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PEOPLE v. CRUZ

43 N.Y.2d 786 (1977)

The People of the State of New York, Appellant, v. Demetrio Cruz, Respondent.

Court of Appeals of the State of New York.

Decided December 15, 1977.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Susan K. Wasserman, Peter L. Zimroth and Robert M. Pitler of counsel), for appellant.

Hal R. Lieberman and William E. Hellerstein for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be reversed, the conviction reinstated, and the case remitted to the Appellate Division for review of the facts.

The observations made by the police and the defendant's furtive movements as the police approached were sufficient to warrant inquiry (People v De Bour, 40 N.Y.2d 210). Under the circumstances we cannot say...

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