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PEOPLE v. ISAACSON

44 N.Y.2d 511 (1978)

The People of the State of New York, Respondent, v. Edward D. Isaacson, Appellant.

Court of Appeals of the State of New York.

Decided May 9, 1978.

Attorney(s) appearing for the Case

Peter C. Bradstreet for appellant.

John M. Finnerty, District Attorney, for respondent.

Chief Judge BREITEL and Judges JONES, WACHTLER and FUCHSBERG concur with Judge COOKE; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judge JASEN concurs.

COOKE, J.

We reverse and dismiss the indictment against defendant; we so hold for the fundamental reason that due process compels it.

This case concerns fortunately rare, and inexplicable, police misconduct. Involved is reprehensible police action,* including violence and deception, culminating in the further deceitful luring of a Pennsylvania resident into New York solely...

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