People v. Duncan

Martuscello, J., dissents and votes to reverse the judgment, grant the motion to suppress, and dismiss the indictment, with the following memorandum:

On July 2, 1978, at approximately 3:00 a.m., Police Officers Michael Race and Louis Manzi were riding in a marked patrol car when they observed a white Oldsmobile, double parked in front of a bar at 136-11 41st Avenue in Queens County. As the officers drove alongside the car, they observed defendant, a black male, slouched down behind the steering wheel. The officers drove around the block and parked at the corner to make further observations,…