PEOPLE v. GALLETTA


171 A.D.2d 178 (1991)

The People of the State of New York, Respondent, v. Benjamin Galletta, Appellant

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

October 29, 1991


Attorney(s) appearing for the Case

Steven R. Kartagener of counsel (Roger L. Stavis with him on the brief; Kartagener & Stavis, attorneys), for appellant.

Colin Aldrin Fieman of counsel (Carol A. Remer-Smith with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

SULLIVAN, J. P., CARRO and MILONAS, JJ., concur.


KUPFERMAN, J.

On the night of July 24, 1987, defendant, a transit police officer on plainclothes patrol duty in the Christopher Street subway station, detained a college student for jumping a turnstile. When the student's friend intervened, apparently unaware that defendant was a police officer, the situation escalated, resulting in the charges and convictions under review.

While the trial lasted three...

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