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PEOPLE v. OCASIO

201 A.D.2d 15 (1994)

The People of the State of New York, Respondent, v. Jose Ocasio, Appellant

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

July 7, 1994

Attorney(s) appearing for the Case

Daniel Hsiung of counsel (Philip L. Weinstein, attorney), for appellant.

Polly Greenberg of counsel (Robert M. Raciti with her on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

ELLERIN and KUPFERMAN, JJ., concur with CARRO, J.; MURPHY, P. J., dissents in a separate opinion.

CARRO, J.

On January 7, 1990, Police Officers James Meehan and Joseph Falcone were part of a tactical narcotics team assigned to observe buildings at 235-241 Henry Street in Manhattan. Officer Meehan was in an unmarked police van parked opposite 235 Henry Street, a building known as a heavy drug-selling location, while Officer Falcone and Detective Christine Bella were parked in an unmarked car about half a block...

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