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GALAPO v. CITY OF NY

95 N.Y.2d 568 (2000)

744 N.E.2d 685

721 N.Y.S.2d 857

HELEN L. GALAPO, Individually and as Administratrix of the Estate of JOE GALAPO, et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Court of Appeals of the State of New York.

Decided November 30, 2000.

Attorney(s) appearing for the Case

Kramer, Dillof, Tessel, Duffy & Moore, New York City (Matthew Gaier, Norman Bard and Thomas A. Moore of counsel), for appellants.

Michael D. Hess, Corporation Counsel of New York City (Barry P. Schwartz, Leonard Koerner, Janet L. Zaleon and Christian Siragusa of counsel), for respondents.

Queller, Fisher, Dienst, Serrins, Washor & Kool, L. L. P., New York City (Christopher L. Sallay of counsel), for Patrolmen's Benevolent Association and others, amici curiae.

Judges LEVINE, CIPARICK and ROSENBLATT concur with Chief Judge KAYE; Judge SMITH dissents and votes to reverse in a separate opinion in which Judge WESLEY concurs.

OPINION OF THE COURT

Chief Judge KAYE.

On August 16, 1988, Sergeant William Martin, an 18-year veteran of the New York City Police Department, and his partner Officer Joseph Galapo participated in a "buy and bust" operation. After observing a possible drug transaction, the officers approached a group of suspects. Sergeant Martin followed one of the suspects, Joseph Barker, and recovered a glassine envelope believed to contain heroin. While securing Barker...

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