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PEOPLE v. BERRY

87 A.D.2d 53 (1982)

The People of the State of New York, Respondent, v. Victor Berry, Appellant

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

May 27, 1982

Attorney(s) appearing for the Case

Ronald J. Veneziano of counsel (Marino & Veneziano, attorneys), for appellant.

James Patton of counsel (Bruce Allen with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

MARKEWICH and LUPIANO, JJ., concur with BLOOM, J.; CARRO, J. P., and ASCH, J., dissent in an opinion by CARRO, J. P.

BLOOM, J.

On October 10, 1979, Sergeant (now Lieutenant) Finkelstein was supervising the Special Narcotics Enforcement Unit in the 32nd Precinct. During the early afternoon of that day, he, Detective D'Ercole and Police Officer Libretto, all in uniform, were touring the precinct in a marked police car. At about 2:00 P.M. they approached the vicinity of Seventh Avenue between 143rd and 144th Streets. At that time Finkelstein saw the defendant at "144th...

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