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MTR RODRIGUEZ v. MORGENTHAU

121 Misc.2d 694 (1983)

In the Matter of Robert Rodriguez et al., Petitioners, v. Robert M. Morgenthau, as District Attorney of New York County, Respondent.

Supreme Court, Criminal Term, New York County.

November 15, 1983

Attorney(s) appearing for the Case

Louis Clayton Jones, P. C. (Michael W. Warren of counsel), for petitioners. Robert M. Morgenthau, District Attorney (John W. Fried of counsel), for respondent.

SHIRLEY R. LEVITTAN, J.

On September 15, 1983, at approximately 2:50 A.M., in the vicinity of 14th Street and First Avenue, Michael J. Stewart was arrested by Transit Authority police officers. Less than one hour later Stewart was admitted to Bellevue Hospital unconscious and still in police custody. Without ever regaining consciousness, Michael Stewart died on September 28, 1983.

The day following Stewart's arrest, an investigation was begun...

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