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PEOPLE v. DIAZ

103 A.D.2d 82 (1984)

The People of the State of New York, Appellant, v. John Diaz and Wilfredo Gomez, Defendants

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

August 2, 1984

Attorney(s) appearing for the Case

Paul Cooperstein for John Diaz, respondent.

Deborah Wolikow Loewenberg for Wilfredo Gomez, respondent.

Thomas N. Burrows of counsel (Mark Dwyer with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

SANDLER, J. P., and ROSS, J., concur with MILONAS, J.; CARRO and FEIN, JJ., dissent in an opinion by CARRO, J.

MILONAS, J.

On November 21, 1981, shortly after 5:00 A.M., Police Officer John Raiszetnyk and his partner were on uniformed patrol in an unmarked vehicle when they received a radio report of a man with a gun at 12th Street and Avenue A in Manhattan. As they headed in that direction, they noticed a white 1975 Pontiac stopped at a red light at the intersection of 11th Street and Avenue A. The officers were unable to maneuver their car around the Pontiac...

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