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PEOPLE v. CORNELIUS

113 A.D.2d 666 (1986)

The People of the State of New York, Respondent, v. Rudy Cornelius, Appellant

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

January 7, 1986

Attorney(s) appearing for the Case

Murray E. Singer of counsel (William E. Hellerstein, attorney), for appellant.

Gino A. Zonghetti of counsel (Mark Dwyer and Doris Lukaszuk with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

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

FEIN, J.

This is another case arising out of police-citizen encounters in which the duty of the police to make the streets reasonably safe for us all must be balanced against the indisputable right of the individual to be free from arbitrary and unwarranted police intrusion, which is one of the cornerstones of our free society.

Defendant, who stands convicted of the crime of criminal possession of a...

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