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PEOPLE v. TAVERAS

155 A.D.2d 131 (1990)

The People of the State of New York, Respondent, v. Bienvenido Taveras, Appellant

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

March 22, 1990

Attorney(s) appearing for the Case

Susan H. Odessky of counsel (Donald J. Siewert with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

Morton Katz for appellant.

MILONAS and ROSENBERGER, JJ., concur with CARRO, J.; SULLIVAN, J. P., and ROSS, J., dissent in an opinion by ROSS, J.

CARRO, J.

This appeal concerns whether defendant's fundamental right to be free from unlawful search and seizure was violated by the police, or, restated, whether the particular police conduct was inappropriate.1 Under the circumstances presented herein, the correct conclusion is that the police conduct was unlawful and trampled defendant's constitutional rights.

The facts...

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