PEOPLE v. FEBUS


157 A.D.2d 380 (1990)

The People of the State of New York, Appellant, v. Louis Febus, Respondent

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

June 7, 1990


Attorney(s) appearing for the Case

Carthy A. Smith of counsel (Paul Harnisch on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Steven F. Pugliese for respondent.

WALLACH and SMITH, JJ., concur with KUPFERMAN, J. P.; MILONAS, J., dissents in an opinion.


KUPFERMAN, J. P.

Responding with other patrol cars to a radio call that there were three male whites and one male black with guns at a building on East First Street in Manhattan, two uniformed police officers entered the building and began checking the corridors on each floor for armed suspects.

When the officers reached the third floor, a young boy, who looked 13 but turned out to be 15, was seen coming...

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