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PEOPLE v. CAMPBELL

81 A.D.2d 300 (1981)

The People of the State of New York, Respondent, v. Hugh Campbell, Appellant

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

June 29, 1981

Attorney(s) appearing for the Case

Rudy Hirschheimer for appellant.

John J. Santucci, District Attorney (Deborah Carlin Stevens of counsel), for respondent.

MOLLEN, P. J., O'CONNOR and WEINSTEIN, JJ., concur with GIBBONS, J.; GULOTTA, J., concurs in the result, with an opinion.

GIBBONS, J.

While on motor patrol on August 11, 1977 at about 12:30 A.M., Police Officer George Rice received a call that shots were fired at premises located at 92-41 190th Street, in Queens. He proceeded to that location with his partners, Sergeant Winter and Police Officer Gilbert. Upon arriving and receiving information that someone had been seen on the roof, Officer Rice received permission from a tenant...

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