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PEOPLE v. BATISTA

68 A.D.2d 515 (1979)

The People of the State of New York, Appellant, v. Emanuel Batista and Frances Branciforte, Respondents

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

June 26, 1979

Attorney(s) appearing for the Case

Craig P. Murphy of counsel (Jerrold L. Neugarten with him on the briefs; Robert M. Morgenthau, District Attorney), for appellant.

Richard Steel for Frances Branciforte, respondent.

Demostenes Roque for Emanuel Batista, respondent.

SULLIVAN, BLOOM and LANE, JJ., concur with MURPHY, P. J.; LUPIANO, J., dissents in an opinion.

MURPHY, P. J.

The facts are fairly stated in the dissenting opinion and need not be repeated in the majority opinion.

A person, otherwise acting innocently, may not be arrested merely because he was in the company of another person who had engaged in criminal activity (People v Griffith, 63 A.D.2d 138, 142; People v Trapier, 47 A.D.2d...

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