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PEOPLE v. GONZALEZ

No. 76

25 N.Y.3d 1100 (2015)

35 N.E.3d 478

14 N.Y.S.3d 310

2015 NY Slip Op 05515

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD GONZALEZ, Appellant.

Court of Appeals of New York.

Decided June 25, 2015.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City, for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Malancha Chanda and Patrick J. Hynes of counsel), for respondent.

Chief Judge LIPPMAN and Judges READ, PIGOTT, RIVERA, ABDUS-SALAAM, STEIN and FAHEY concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's motion to suppress granted, and the indictment dismissed.

Defendant shouted obscenities at police officers in a subway station in Manhattan, provoking looks of surprise and curiosity from some passengers and evasive movements from others. The officers followed defendant to another level of the station, where a police sergeant prevented him from...

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