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PEOPLE v. MILLAN

118 A.D.2d 236 (1986)

The People of the State of New York, Respondent, v. Hector Millan, Appellant

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

June 26, 1986

Attorney(s) appearing for the Case

John T. McClintock of counsel (Gould & Reimer, attorneys), for appellant.

Eleanor J. Ostrow of counsel (Norman Barclay with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

KUPFERMAN, J. P., and ASCH, J., concur with SULLIVAN, J.; CARRO, J., dissents in an opinion in which FEIN, J., concurs; FEIN, J., also dissents in a separate opinion.

SULLIVAN, J.

Defendant appeals from his conviction of criminal possession of a weapon in the third degree. The following account of the incident is derived from the trial evidence.

Sometime before 11:15 P.M., on the night of June 15, 1985, Police Officers Gilligan, a 19-year veteran of the New York City Police Department, and Bowen, an 11-year veteran, assigned to a Taxi Robbery Squad, were on patrol...

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