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PEOPLE v. ROSARIO

78 N.Y.2d 583 (1991)

The People of the State of New York, Respondent, v. Wilfredo Rosario, Appellant.

Court of Appeals of the State of New York.

Decided October 24, 1991.

Attorney(s) appearing for the Case

Robert S. Dean and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Patrick J. Hynes and Norman Barclay of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, HANCOCK, JR., and BELLACOSA concur with Judge ALEXANDER; Judge TITONE dissents and votes to reverse in a separate opinion.

ALEXANDER, J.

Wilfredo Rosario appeals by leave of a Judge of this Court from an order of the Appellate Division affirming his conviction of the crime of murder in the second degree. His principal contention on this appeal is that the "fellow officer" rule, which entitles a police officer to rely on a communication from another police officer and to act upon it in making...

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