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PEOPLE v. FEERICK

241 A.D.2d 126 (1998)

671 N.Y.S.2d 13

The People of the State of New York, Respondent, v. Patricia Feerick, Appellant The People of the State of New York, Respondent, v. Mayra Schultz, Appellant The People of the State of New York, Respondent, v. John DeVito, Appellant The People of the State of New York, Respondent, v. Orlando Rosario, Appellant

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

March 24, 1998

Attorney(s) appearing for the Case

Sylvia Wertheimer of counsel (Mark Dwyer on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

Roger Bennet Adler of counsel (Karen Bennett on the brief; Roger Bennet Adler, P. C., attorneys), for Patricia Feerick; and Mark M. Baker and Benjamin Brafman of counsel (Dalit Yarden on the brief; Brafman, Gilbert & Ross, P. C., attorneys), for Patricia Feerick and another, appellants.

Richard E. Mischel for Mayra Schultz, appellant.

Raymond E. Kerno for John DeVito, appellant.

Richard A. Dienst and Leslie H. Ben-Zvi of counsel (Dienst & Serrins, attorneys), for New York City Police Department and others, amici curiae.

SULLIVAN, J. P., MILONAS and MAZZARELLI, JJ., concur in a Per Curiam opinion; TOM, J., dissents in part in a separate opinion.

Per Curiam.

In a 30-count indictment, Police Lieutenant Feerick and Police Officers DeVito, Rosario and Schultz of the 25th Precinct were charged with various crimes arising out of their conduct on September 26, 1990, in connection with their search for a lost police radio belonging to DeVito. On the morning of September 26th, defendants went to an apartment building in the Taino Tower complex in upper Manhattan to pursue...

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