PEOPLE v. VALDEZ


97 A.D.2d 778 (1983)

The People of the State of New York, Respondent, v. Jose Valdez, Appellant

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

November 7, 1983


Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.

In the early hours of November 6, 1979, Officers Theodore Dziedzic and Mark Wohl responded as backup to a radio run of shots fired at a bar located at 104th Street and 39th Avenue in the County of Queens. According to testimony adduced at trial, upon exiting their marked sector squad car, the two officers observed an automobile double-parked under a street...

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