MATTER OF MUHAMMAD F.


94 N.Y.2d 136 (1999)

722 N.E.2d 45

700 N.Y.S.2d 77

In the Matter of MUHAMMAD F., a Person Alleged to be a Juvenile Delinquent, Respondent. PRESENTMENT AGENCY, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH BOSWELL, Appellant.

Court of Appeals of the State of New York.

Decided November 30, 1999.


Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Stephen J. McGrath and Alan Beckoff of counsel), for appellant in the first above-entitled matter.

Legal Aid Society, New York City (Raymond E. Rogers and Monica Drinane of counsel), for respondent in the first above-entitled matter.

Office of Appellate Defender, New York City (Richard M. Greenberg of counsel), for appellant in the second above-entitled matter.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Stanley R. Kaplan and Joseph N. Ferdenzi of counsel), for respondent in the second above-entitled matter.

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


OPINION OF THE COURT

LEVINE, J.

These appeals arise out of motions to suppress evidence introduced against occupants of taxicabs that were stopped by police officers assigned to a Taxi-Livery Task Force in New York City. The procedure of the police was essentially the same in both cases. The officers were in plain clothes, using unmarked police cars, on a roving patrol. They selected a location in an area...

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