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PEOPLE v. SANTIAGO

64 A.D.2d 355 (1978)

The People of the State of New York, Respondent, v. Luis Santiago, Appellant

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

November 2, 1978

Attorney(s) appearing for the Case

Erica Horwitz of counsel (Martin Erdmann and William E. Hellerstein, attorneys), for appellant.

Vivian Berger of counsel (Robert M. Pitler with her on the brief; Robert M. Morgenthau, District Attorney), for respondent.

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

SULLIVAN, J.

This case brings before us once again the nettlesome problem of determining the limits of permissible police conduct in a street encounter.

At 9:30 P.M. on December 15, 1972 two police officers on duty in an anticrime assignment observed defendant Santiago standing alone on the corner of East 81st Street and Third Avenue. It was raining and the temperature was in the 30's.

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