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PEOPLE v. CONWAY

6 N.Y.3d 869 (2006)

849 N.E.2d 954

816 N.Y.S.2d 731

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MARK CONWAY, Respondent.

Court of Appeals of the State of New York.

Decided May 4, 2006.

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney, Bronx (Christopher J. Blira-Koessler and Joseph N. Ferdenzi of counsel), for appellant.

Mischel & Horn, P.C., New York City (Richard E. Mischel of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur in memorandum; Judge R.S. SMITH dissents and votes to dismiss the appeal in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, and the matter remitted to that Court for consideration of the facts (see CPL 470.25 [2] [d]; 470.40 [2] [b]).

On May 26, 1999, 16-year-old Dantae Johnson and a friend were walking on the sidewalk just after midnight in their Bronx neighborhood. Johnson looked over his shoulder and noticed that an unmarked patrol car had pulled into the street. The car...

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