PEOPLE v. SAMUELS


50 N.Y.2d 1035 (1980)

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

Court of Appeals of the State of New York.

Decided July 3, 1980.


Attorney(s) appearing for the Case

Hillard Wiese, William E. Hellerstein and Ellen J. Schneider for appellant.

Robert M. Morgenthau, District Attorney (Gabrielle Rhodes and Norman Barclay of counsel), for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur in memorandum; Chief Judge COOKE concurs in a separate opinion; Judge FUCHSBERG dissents and votes to reverse in an opinion.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The case comes to us on the following affirmed findings of fact: Detective Fougere observed defendant enter a novelty shop on 42nd Street and purchase a holster for a .25 caliber automatic pistol. The detective followed defendant down 42nd Street after defendant left the shop, showed his shield and identified...

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