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PEOPLE v. STONE

86 A.D.2d 347 (1982)

The People of the State of New York, Respondent, v. Louis Stone, True Name Eugene Merritt, Appellant

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

May 11, 1982

Attorney(s) appearing for the Case

Debra Marcus of counsel (Andrew C. Fine with her on the brief; William E. Hellerstein, attorney), for appellant.

Julie Copeland of counsel (Robert M. Pitler with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

KUPFERMAN, J. P., and BLOOM, J., concur with LUPIANO, J.; FEIN and MILONAS, JJ., dissent in an opinion by MILONAS, J.

LUPIANO, J.

On the afternoon of March 22, 1979, uniformed officers Smith, Leonard and two others were on radio motor patrol. The officers were members of the 28th Precinct task force, whose purpose is to patrol narcotics-prone areas within the precinct, known as "special condition areas", to disburse crowds that formed to buy and sell drugs. At approximately 3:45 P.M., while patrolling such an area, the police

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