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PEOPLE v. ADAMS

72 A.D.2d 156 (1980)

The People of the State of New York, Respondent, v. Clarence Adams, Appellant

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

January 22, 1980

Attorney(s) appearing for the Case

Henry Winestine of counsel (William E. Hellerstein, attorney), for appellant.

Timothy J. McGinn of counsel (Steven R. Kartagener with him on the brief; Mario Merola, District Attorney), for respondent.

LANE, J., concurs with LUPIANO, J.; MURPHY, P. J., and KUPFERMAN, J., concur in result only; LYNCH, J., dissents in an opinion.

LUPIANO, J.

Defendant stands convicted, after a jury trial, of the attempted murder of Housing Patrolman Rudolfo Quinones. According to the officer's testimony at the suppression hearing, he saw a man, later identified as defendant, holding a gun to a woman's head at 9:00 P.M. on September 13, 1976. The officer, approximately 25 feet from defendant, drew his weapon and ordered the latter to drop his weapon. As defendant

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