PEOPLE v. MAY


81 N.Y.2d 725 (1992)

The People of the State of New York, Respondent, v. John May, Appellant.

Court of Appeals of the State of New York.

Decided December 16, 1992.


Attorney(s) appearing for the Case

De Nice Powell, New York City, and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Hector Gonzalez and Donald J. Siewert of counsel), for respondent.

Acting Chief Judge SIMONS and Judges KAYE, TITONE and HANCOCK, JR., concur in memorandum; Judge BELLACOSA dissents and votes to affirm in an opinion; Judge SMITH taking no part.


MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's motion to suppress granted and the indictment dismissed.

On March 8, 1989, at about 2:30 A.M., defendant and a female companion were seated in a parked Oldsmobile on a deserted street known for criminal activity. Two police officers, patrolling in a marked car, drove up behind them to investigate. As the officers approached, with the patrol...

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