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PEOPLE v. PEREZ

No. 29.

31 N.Y.3d 964 (2018)

96 N.E.3d 772

73 N.Y.S.3d 508

2018 NY Slip Op 02118

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL PEREZ, Appellant.

Court of Appeals of New York.

Decided March 27, 2018.

Attorney(s) appearing for the Case

Seymour W. James, Jr., The Legal Aid Society, New York City (Steven J. Miraglia of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Shera Knight, Nancy D. Killian and Gina Mignola of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be affirmed.

Police were conducting a vertical patrol of a New York City Housing Authority building in a high crime area and interviewing tenants in search of a robbery suspect in an investigation unrelated to this case. Defendant got off the elevator, observed the police officers — who were approximately eight feet away with shields displayed...

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