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PEOPLE v. GRIFFITH

63 A.D.2d 138 (1978)

The People of the State of New York, Respondent, v. Clifford Griffith, Also Known as Clifford Griff and Carlton Griffith, Appellant

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

July 11, 1978

Attorney(s) appearing for the Case

Joel A. Reiss for appellant.

Barbara L. Petras of counsel (Brian Rosner with her on the brief; Robert M. Morgenthau, District Attorney), for respondent.

SILVERMAN and SULLIVAN, JJ., concur with MURPHY, P. J.; LUPIANO and BIRNS, JJ., dissent in an opinion by LUPIANO, J.

MURPHY, P. J.

Conflicting testimony was given at the suppression hearing as to the events surrounding the defendant's arrest at about 4:40 A.M. on March 15, 1975.

Police Officer John Crowe testified on behalf of the prosecution. Crowe and his partner, both in uniform, were cruising in an unmarked vehicle in the vicinity of 145th Street and Seventh Avenue in Manhattan. From a distance of about 50 feet...

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