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PEOPLE v. FEERICK

93 N.Y.2d 433 (1999)

714 N.E.2d 851

692 N.Y.S.2d 638

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICIA FEERICK, MAYRA SCHULTZ, JOHN DEVITO and ORLANDO ROSARIO, Appellants.

Court of Appeals of the State of New York.

Decided June 8, 1999.

Attorney(s) appearing for the Case

Brafman, Gilbert & Ross, P. C., New York City (Mark M. Baker and Benjamin Brafman of counsel), Richard E. Mischel and Raymond E. Kerno, Lake Success, for appellants.

Robert M. Morgenthau, District Attorney of New York County, New York City (Sylvia Wertheimer and Mark Dwyer of counsel), for respondent.

Stephen R. McSpadden, of the District of Columbia Bar, admitted pro hac vice, for National Association of Police Organizations, amicus curiae.

Dienst & Serrins, L. L. P., New York City (Leslie H. Ben-Zvi and Richard A. Dienst of counsel), for Patrolmens' Benevolent Association and others, amici curiae.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and WESLEY concur; Judge ROSENBLATT taking no part.

OPINION OF THE COURT

CIPARICK, J.

Defendants are all members of the New York City Police Department convicted of various crimes arising out of their entry into two apartments in a Manhattan building where they restrained and threatened the occupants in an attempt to recover a police radio. All four defendants challenge the legal sufficiency of the evidence supporting their convictions for official misconduct...

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