green
Positive treatment
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People v. De Bour
Tips of this nature are of the weakest sort since no one can be held accountable if the information is in fact false (Penal Law, § 240.50) and there is no way to assure, by way of intangibles such as voice, facial expression or emotional state, that the information was communicated and received accurately and was believable (compare People v Green, 35 NY2d 193 , supra, where an unknown informer personally approached the officer and pointed to the defendant as he walked toward them; see, also, People v Bronk, 31 NY2d 995 , affg 66 Misc 2d 932 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Thomas Bronk
v.
Thomas Bronk
New York Court of Appeals.
Feb 8, 1973.
293 N.E.2d 826
1973 N.Y. LEXIS 1483
Frank S. Hogan, District Attorney (Herman Kaufman and Michael R. Juviler of counsel), for appellant., Carol Berkman, William E. Hellerstein and Robert Kasanof for respondent.
Cited by 24 opinions | Published
Concur: Chief Judge Fuld and Judges Jasen, Jones and Wachtler. Judges Burke and G-abrielli dissent and vote to[*997] reverse on the dissenting opinion at the Appellate Term. Taking mo part: Judge Breitel.