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PEOPLE v. LYNCH

116 A.D.2d 56 (1986)

The People of the State of New York, Appellant, v. Edward Lynch, Respondent

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

March 20, 1986

Attorney(s) appearing for the Case

Donna Krone of counsel (Norman Barclay with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Gerard T. Breen of counsel (Raymond E. Kerno with him on the brief; Richard Hartman, attorney), for respondent.

SANDLER, ASCH and KASSAL, JJ., concur with SULLIVAN, J.; KUPFERMAN, J. P., dissents in a separate opinion.

SULLIVAN, J.

The People appeal from an order setting aside a guilty verdict and dismissing the indictment. The facts may be briefly summarized.

At about 7:00 P.M., on November 28, 1982, Police Officers McGowan and Stedina, in uniform and on patrol in a marked radio car, noticed a medallion taxicab which had been proceeding north on Third Avenue turn left onto 21st Street. Although two passengers were...

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