PEOPLE v. BUTLER


90 A.D.2d 797 (1982)

The People of the State of New York, Respondent, v. Anthony B. Butler, Also Known as Philip Johnson, Appellant

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

November 8, 1982


Judgment reversed, on the law, plea vacated, motion to suppress granted as to an out-of-court identification and otherwise denied, and the case is remitted to the Supreme Court, Queens County, for further proceedings.

Seated in a police patrol car in Queens at about 5:45 A.M., Captain Paul Short heard a woman shouting, "[T]hey're over there; they're the ones; Jack in the Box". Short told the driver of the patrol car to turn around and as the car turned, Short saw...

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