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PEOPLE v. SAMUELS

68 A.D.2d 663 (1979)

The People of the State of New York, Respondent, v. Roland Samuels, Appellant

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

July 10, 1979

Attorney(s) appearing for the Case

Ellen Schneider of counsel (William E. Hellerstein, attorney), for appellant.

Gabrielle Rhodes of counsel (Norman Barclay with her on the brief; Robert M. Morgenthau, District Attorney), for respondent.

KUPFERMAN, J. P., BIRNS and ROSS, JJ., concur with LUPIANO, J.; FEIN, J., dissents in an opinion.

LUPIANO, J.

The following testimony was elicited at a suppression hearing:

On January 8, 1977, Detective Daniel Fougere of the Street Crime Unit of the New York City Police Department (an experienced officer) and his partner were assigned to patrol a high-crime area encompassing West 42nd Street in Manhattan. At about 7:30 P.M. Detective Fougere (dressed in civilian clothes) observed the defendant first...

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