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PEOPLE v. LEVAN

91 A.D.2d 384 (1983)

The People of the State of New York, Respondent, v. Alex Levan, Appellant

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

February 10, 1983

Attorney(s) appearing for the Case

Gary E. Divis of counsel (William E. Hellerstein, attorney), for appellant.

Marlene Nadel of counsel (Emily Berger and Amyjane Rettew with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

SULLIVAN, J. P., and BLOOM, J., concur with SILVERMAN, J.; CARRO and FEIN, JJ., dissent in an opinion by CARRO, J.

SILVERMAN, J.

The judgment of conviction should be affirmed.

The underlying facts are sufficiently stated in Justice CARRO'S opinion. We differ as to the conclusion to be drawn from those facts — whether on the facts of this case the police acted reasonably and in accordance with the Fourth Amendment, particularly in the light of United States v Santana (427 U.S. 38) on the one hand and Payton v...

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