PEOPLE v. SIERRA


190 A.D.2d 202 (1993)

The People of the State of New York, Respondent, v. Rafael Sierra, Appellant

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

May 27, 1993


Attorney(s) appearing for the Case

Edward S. Graves of counsel (Philip L. Weinstein, attorney), for appellant.

James J. Troy of counsel (David Joseph Mudd with him on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

WALLACH and RUBIN, JJ., concur with ROSS, J.; ROSENBERGER, J. P., dissents in a separate opinion.


ROSS, J.

Once again we are called on to evaluate the propriety of police officers' conduct in their approach, pursuit and arrest of an individual who they suspected was involved in a developing drug transaction. The issue in this case is presented in the context of a motion to suppress physical evidence sought to be introduced by the People at trial. The defendant originally moved to suppress any physical evidence...

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