People v. Salters

Martuscello, J., dissents and votes to reverse the judgment and order a new trial, with the following memorandum, in which Damiani, J., concurs:

At 2:40 p.m. on September 28, 1977, defendant entered the Queens Plaza IND subway station. Police Officer Joseph Edwards, as part of a decoy operation, was allegedly seated on stairs leading from the street to a mezzanine where the token booth was located. He was dressed shabbily like a "wino”, with a bag* "across [his] shoulder * * * over [his] body with one strap going over”. Directly in front of Edwards, 30 feet away, was Police Officer Joseph…