PEOPLE v. MOORE


62 A.D.2d 155 (1978)

The People of the State of New York, Respondent, v. Clarence Moore, Appellant

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

April 18, 1978


Attorney(s) appearing for the Case

Gerald Zuckerman for appellant.

Mark Dwyer of counsel (Robert M. Pitler with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

EVANS, FEIN and MARKEWICH, JJ., concur with MURPHY, P. J.; SILVERMAN, J., dissents in an opinion.


MURPHY, P. J.

At about 7:40 P.M. on January 22, 1976, a detective and a police officer, dressed in civilian clothes, were on anticrime patrol in an unmarked vehicle in the area of 149th Street and Eighth Avenue in Manhattan. They observed a Black male, the defendant, walking down the street with a sack over his shoulder. The defendant was covered with snow and he walked at a quick pace with a noticeable limp...

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