PEOPLE v. DESIR


138 A.D.2d 236 (1988)

The People of the State of New York, Appellant, v. Claude Desir and Jean Faustin, Respondents

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

March 3, 1988


The facts, as adduced from the testimony of the sole witness at the hearing, Detective Frank Aiello, are as follows: At approximately 8:30 P.M. on September 15, 1984, defendants were in a car proceeding north on Eighth Avenue near 113th Street. Going in the opposite direction was an unmarked anticrime patrol vehicle driven by Detective Aiello, who was accompanied by Police Officer Bartley Porzio and Sergeant Robert Broughton. As defendants' vehicle passed, Detective Aiello...

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