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PEOPLE v. SPIVEY

46 N.Y.2d 1014 (1979)

The People of the State of New York, Appellant, v. James Spivey, Respondent.

Court of Appeals of the State of New York.

Decided March 29, 1979.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Allen H. Saperstein and Billie Manning of counsel), for appellant.

Elaine Stogel and William E. Hellerstein for respondent.

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

MEMORANDUM.

The order appealed from should be reversed, and the matter remitted to the Appellate Division for a review of the facts.

On the record before us, we are unable to conclude that the challenged police conduct was unreasonable. Having just received a police radio call informing them that an armed robbery had been committed (see People v Havelka,

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