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PEOPLE v. HARE

66 Misc.2d 207 (1971)

The People of the State of New York, Respondent, v. Sheldon G. Hare, Appellant.

Supreme Court, Appellate Term, First Department.

January 29, 1971

Attorney(s) appearing for the Case

Frederick Siegmund for appellant. Frank S. Hogan, District Attorney (William C. Donnino of counsel), for respondent.

Concur — QUINN, J. P., and GOLD, J.; MARKOWITZ, J., concurs in the result upon the constraint of People v. Todaro () and People v. Carcel ().

Per Curiam.

The trial court's implicit acceptance of the police officer's testimony supports a finding that defendant's spoken accusation of crime, levelled against the police officer in a public place, together with the technical battery of placing his finger on the officer's chest and then reaching for the police officer's pocket, evinced an intention and constituted an attempt to carry out an unlawful citizen search (if not seizure) by force of the person...

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