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PEOPLE v. CHESTNUT

51 N.Y.2d 14 (1980)

The People of the State of New York, Respondent, v. Andre Chestnut, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1980.

Attorney(s) appearing for the Case

Judith Zerden and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Richard P. Kaye, Vivian Berger and Jerrold Tannenbaum of counsel), for respondent.

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

JASEN, J.

Our task on this appeal is limited to determining whether law enforcement officers, given the facts of this case, acted reasonably in ordering defendant and a cohort to lie on the ground in order to effectuate a "stop and frisk". Resolution of this issue is determinative of whether defendant's motion to suppress was properly denied.

The relevant facts...

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