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PEOPLE v. SULLIVAN

116 A.D.2d 101 (1986)

The People of the State of New York, Appellant, v. Stephen Sullivan, Respondent

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

April 1, 1986

Attorney(s) appearing for the Case

Steven R. Kartagener of counsel (Mario Merola, District Attorney, attorney), for appellant.

Bruce A. Smirti for respondent.

SANDLER, J. P., ROSS and KASSAL, JJ., concur; ROSENBERGER, J., dissents in a separate opinion.

Per Curiam.

On October 29, 1984, Eleanor Bumpurs was shot and killed by Stephen Sullivan, a 19-year veteran of the police force, who had served for 14 years with the Emergency Service Unit (ESU), and who had been cited for distinguished service 18 times. On that date, the ESU had been summoned to provide back-up assistance in the eviction of "a confirmed emotionally disturbed person armed with a knife and possibly a lye...

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