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PEOPLE v. MADERA

189 A.D.2d 462 (1993)

The People of the State of New York, Appellant, v. Ali Madera, Also Known as Alberto Rivera, Respondent

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

April 20, 1993

Attorney(s) appearing for the Case

Adrienne Brewington of counsel, Bronx (Peter D. Coddington with her on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for appellant.

Steven J. Miraglia of counsel, New York City (Philip L. Weinstein, attorney), for respondent.

CARRO and ROSENBERGER, JJ., concur with MURPHY, P. J.; ROSS and KASSAL, JJ., dissent in a separate opinion by ROSS, J.

MURPHY, P. J.

In the early morning hours of December 1, 1990, two police officers received a radio report, based on anonymously provided information, that there had been a fight at 1411 Grand Concourse and that one of those present at the site of the altercation had a knife. Minimal descriptions were provided of two persons: one of them reportedly wore a red jacket and the other a dark jacket with a white stripe...

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