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PEOPLE v. HERRING

83 N.Y.2d 780 (1994)

632 N.E.2d 1272

610 N.Y.S.2d 949

The People of the State of New York, Appellant, v. Roland Herring, Respondent.

Court of Appeals of the State of New York.

Decided February 17, 1994.

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney of Bronx County, Bronx (Darryll A. Buford and Daniel S. Ratner of counsel), for appellant.

Cathy R. Frank, of the New Jersey Bar, admitted pro hac vice, for respondent.

Judges SIMONS, BELLACOSA, SMITH and LEVINE concur; Judge CIPARICK dissents and votes to affirm in an opinion in which Chief Judge KAYE concurs; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, and the case remitted to it for consideration of the facts (CPL 470.25 [2] [d]; 470.40 [2] [b]) and for consideration of issues raised but not considered on the appeal to that Court.*

An undercover police officer approached defendant, a stranger, on a Bronx street and asked whether...

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