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PEOPLE v. PHILLIPS

71 A.D.2d 1007 (1979)

The People of the State of New York, Respondent, v. Frank Phillips, Jr., Appellant

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

September 24, 1979

Judgment affirmed.

No opinion.

Margett, J., dissents and votes to reverse the judgment of conviction and dismiss the indictment, with the following memorandum:

At 11:55 P.M. on November 10, 1977, Officer Peter C. Lauda and his partner, Officer Bryan, responded to a radio run at 87-72 98th Avenue in Queens. Two fellow officers already at the scene informed Officer Lauda that there was a man in the house who had threatened them with a rifle...

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