PEOPLE v. HOWARD


147 A.D.2d 177 (1989)

The People of the State of New York, Respondent, v. Timothy Howard, Appellant

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

June 8, 1989


Attorney(s) appearing for the Case

Barbara Zolot of counsel (Philip L. Weinstein, attorney), for appellant.

Laurie Sapakoff of counsel (Catherine M. Cook with her on the brief; Robert M. Morgenthau, District-Attorney, attorney), for respondent.

MURPHY, P. J., ROSS and MILONAS, JJ., concur with ELLERIN, J.; SMITH, J., dissents in a separate opinion.


ELLERIN, J.

In this case we are once again called upon to determine the appropriateness of particular police conduct in light of the constitutional right which every individual has to be secure against unreasonable searches and seizures on our public streets and elsewhere.

The facts are relatively simple and not in dispute. At approximately 10:00 P.M. on the evening of November 4, 1985, Police Officers...

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