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PEOPLE v. ROSARIO

94 A.D.2d 329 (1983)

The People of the State of New York, Respondent, v. Michael Rosario and Michael Smith, Appellants

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

July 5, 1983

Attorney(s) appearing for the Case

Michael Vincent Ricci for Michael Rosario, appellant.

William E. Hellerstein (Robert Dean of counsel), for Michael Smith, appellant.

John J. Santucci, District Attorney (Thelma Lee of counsel), for respondent.

LAZER, J. P., GULOTTA and BRACKEN, JJ., concur.

MANGANO, J.

These appeals again present the issue of whether a police officer may detain at gunpoint an individual whom he reasonably suspects of having committed a crime. Specifically, on the instant appeals defendants argue that even if the police had reasonable suspicion to suspect them of having committed a burglary and had the right to stop their car and temporarily detain them, they had no right to draw...

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