It was at 4:35 on a Sunday morning in January, 1979 that police responded to a radio call about a disturbance at West 115th Street and St. Nicholas Avenue. Upon arrival at the scene, the police observed four individuals, one of whom was defendant, standing in the middle of the intersection. Defendant was playing his radio loudly. The police car approached the group and one of the two officers told the defendant to lower the volume on the radio...
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