People v. Price

Ellerin and Wallach, JJ., dissent

in a memorandum by Ellerin, J., as follows: On August 8, 1990, at 12:45 a.m., David Staton was walking west on the north side of 142d Street between Convent and Amsterdam Avenues. Because of construction, there were no street lights working on the side of the street where he was walking and the closest working street light was on the other side of the street, either directly across or 5 or 6 feet ahead of him. Suddenly, a man walked past Sta-ton from behind, and, when he was 5 or 6 feet ahead, turned, immediately squatted down so that he was hidden from the…