Appellate Division of the Supreme Court of the State of New York November 2, 1978 (People v. Santiago)

lead-opinion

OPINION OF THE COURT

Sullivan, J.

This case brings before us once again the nettlesome problem of determining the limits of permissible police conduct in a street encounter.

At 9:30 p.m. on December 15, 1972 two police officers on duty in an anticrime assignment observed defendant Santiago standing alone on the corner of East 81st Street and Third Avenue.