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PEOPLE v. MOORE

6 N.Y.3d 496 (2006)

847 N.E.2d 1141

814 N.Y.S.2d 567

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALVIN MOORE, Appellant.

Court of Appeals of the State of New York.

Decided February 21, 2006.

Attorney(s) appearing for the Case

Appellate Advocates, New York City (Sarah J. Berger and Lynn W.L. Fahey), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Diana Villanueva and Leonard Joblove of counsel), for respondent.

Judges G.B. SMITH, CIPARICK, GRAFFEO and READ concur with Chief Judge KAYE; Judge R.S. SMITH dissents and votes to affirm in a separate opinion in which Judge ROSENBLATT concurs.

OPINION OF THE COURT

Chief Judge KAYE.

On November 12, 1997, at approximately 9:35 A.M., Police Officers Racioppo and Molinaro were on a routine patrol in their marked police car when they received a radio call of a dispute involving a male Black with a gun, described as approximately 18 years of age, wearing a gray jacket and red hat—information that came from an anonymous phone tip. The officers drove to the scene without their lights flashing and...

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