PEOPLE v. OCASIO


119 A.D.2d 21 (1986)

The People of the State of New York, Respondent, v. Jesus Ocasio, Appellant

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

July 24, 1986


Attorney(s) appearing for the Case

James J. Hanrahan for appellant.

Douglas Harper of counsel (Roger L. Stavis with him on the brief; Mario Merola, District Attorney, attorney), for respondent.

CARRO and LYNCH, JJ., concur with FEIN, J.; SANDLER, J. P., and ASCH, J., dissent, each in a separate opinion.


FEIN, J.

At about 3:00 A.M. on September 20, 1983, Officers Dardzinski and Biller, in uniform in a patrol car, observed defendant's car, one of several double-parked cars, on Southern Boulevard in The Bronx. The front windshield on the passenger side of the car was cracked. So far as appeared, there were no occupants in the car. Approximately two hours later the officers observed the same vehicle, this time with...

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