PEOPLE v. JENNINGS


45 N.Y.2d 998 (1978)

The People of the State of New York, Respondent v. Kenneth Ray Jennings, Appellant.

Court of Appeals of the State of New York.

Decided November 28, 1978.


Attorney(s) appearing for the Case

Howard B. Comet, James J. McDonough, Matthew Muraskin and Michael J. Obus for appellant.

Denis Dillon, District Attorney (Martin I. Saperstein, William C. Donnino and Marshall D. Trager of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be reversed and the indictment dismissed. The issue presented in this case is whether the activities of the defendant, as observed by the police, justified the blocking of defendant's vehicle so as to prevent its forward movement.

While on routine patrol in an unmarked car two police officers, serving as members of the Nassau County Police Department crime prevention...

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