PEOPLE v. RODRIGUEZ


159 Misc.2d 1065 (1993)

608 N.Y.S.2d 594

The People of the State of New York, Plaintiff, v. Luis Rodriguez, Defendant.

Supreme Court, Bronx County.

November 5, 1993


Attorney(s) appearing for the Case

Legal Aid Society (Robert M. Baum and Michael Forcino of counsel), for defendant. Robert Johnson, District Attorney of Bronx County (Faith Linton of counsel), for plaintiff.


DOMINIC R. MASSARO, J.

The question before the court is whether the police, as claimed by defendant, abridged his right peaceably to assemble.

The facts of the case are undisputed. On December 29, 1991, at approximately 6:36 A.M., Police Officers John Hydek and Michael Depietri received a radio transmission that stated shots were fired at the location of Rosedale and Randall Avenues. After hearing...

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