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PEOPLE v. RIVERA

78 A.D.2d 327 (1981)

The People of the State of New York, Appellant, v. Andrew Rivera, Respondent

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

January 8, 1981

Attorney(s) appearing for the Case

Michael J. Ferguson of counsel (Mark Dwyer with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Henriette D. Hoffman of counsel (William E. Hellerstein, attorney), for respondent.

SULLIVAN, J. P., MARKEWICH and LUPIANO, JJ., concur with ROSS, J.; CARRO, J., dissents in an opinion.

ROSS, J.

Once again we confront the "inherently troublesome" (People v Chestnut, 51 N.Y.2d 14, 19), maze of a street encounter between an individual citizen and law enforcement officers. At 10:00 P.M. on August 8, 1979, Police Officer Sanchez, a veteran detective, and his partner arrived in an unmarked police car at the intersection of 173rd Street and Audubon Avenue. Prior to departure from the station-house...

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