PEOPLE v. DIAZ


41 N.Y.2d 876 (1977)

The People of the State of New York, Appellant, v. Julio Diaz, Respondent.

Court of Appeals of the State of New York.

Decided February 17, 1977.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Brian Rosner and Peter L. Zimroth of counsel), for appellant.

Arnold Wallach and Robert Blossner for respondent.

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


MEMORANDUM.

At the suppression hearing, defendant's counsel did not express disagreement with the hearing court's comment that there was no disputed issue with respect to the police officers' right "to go over to" the car to investigate the suspicious activity they had previously observed (cf. People v De Bour, 40 N.Y.2d 210). The only question was whether the police could also direct...

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