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  5. 217 A.D.2d 133 (1995)
 

PEOPLE v. JOHNSON

217 A.D.2d 133 (1995)

636 N.Y.S.2d 282

The People of the State of New York, Respondent, v. Anthony Johnson, Also Known as Barry Wilson, Also Known as Barry Williams, Appellant

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

December 28, 1995

Attorney(s) appearing for the Case

John Gemmill of counsel (Daniel L. Greenberg, attorney), for appellant.

Mark Brisman of counsel (Susan L. Valle on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for respondent.

WALLACH and ASCH, JJ., concur with TOM, J.; MURPHY, P. J., and ROSENBERGER, J., dissent in a separate opinion by MURPHY, P. J.

TOM, J.

At approximately 1:50 A.M. on May 21, 1991, New York City Police Officers Kevin Kelly and Peter Gallagher received a radio run of "shots fired" by a Hispanic male wearing a black jacket in the vicinity of 161st Street and Park Avenue in the Bronx. While en route, the officers encountered defendant, who matched the general description in the radio transmission and was the only person in the vicinity,...

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