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BROWN v. STATE OF NEW YORK

89 N.Y.2d 172 (1996)

674 N.E.2d 1129

652 N.Y.S.2d 223

Ricky Brown et al., Appellants, v. State of New York, Respondent.

Court of Appeals of the State of New York.

Decided November 19, 1996.

Attorney(s) appearing for the Case

Whiteman Osterman & Hanna, Albany (Scott N. Fein, Paul C. Rapp, Philip H. Dixon, D. Scott Bassinson and Lisa M. Codispoti of counsel), for appellants.

Dennis C. Vacco, Attorney-General, Albany (Denise A. Hartman and Peter H. Schiff of counsel), for respondent.

James A. Gardner, Stephentown, Christopher Dunn, New York City, and Norman Siegel for New York Civil Liberties Union, amicus curiae.

Stenger and Finnerty, Buffalo (Michael L. Jackson of counsel), and Michael Deutsch, New York City, for Center for Constitutional Rights, amicus curiae.

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

SIMONS, J.

This is a purported class action brought on behalf of nonwhite males who were stopped and examined by police officers between September 4, 1992 and September 9, 1992 while the police were investigating a crime in the City of Oneonta. The claimants seek monetary damages from the defendant alleging illegal and unconstitutional acts by the State of New York...

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