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People v. David

Court of Appeals of the State of New York
May 6, 1982
56 N.Y.2d 698 (N.Y. 1982)

Summary

In David L. it was found that the automobile in question was stopped because it was making excessive noise and had a defective rear light.

Summary of this case from People v. Mejia

Opinion

Argued March 30, 1982

Decided May 6, 1982

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, NORMAN J. FELIG, J.

Eugene Gold, District Attorney ( Jason L. Shaw of counsel), for appellant.

Andrew E. Abraham and William E. Hellerstein for respondent.



Order reversed for reasons stated in the dissenting memorandum by former Justice JAMES D. HOPKINS and Justice MOSES M. WEINSTEIN at the Appellate Division ( 81 A.D.2d 893, 895-896) and case remitted to the Appellate Division, Second Department, for consideration of the facts (CPL 470.25, subd 2, par [d]; 470.40, subd 2, par [b]).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI and JONES. Judges WACHTLER, FUCHSBERG and MEYER dissent and vote to affirm for reasons stated in the memorandum of the Appellate Division ( 81 A.D.2d 893).


Summaries of

People v. David

Court of Appeals of the State of New York
May 6, 1982
56 N.Y.2d 698 (N.Y. 1982)

In David L. it was found that the automobile in question was stopped because it was making excessive noise and had a defective rear light.

Summary of this case from People v. Mejia
Case details for

People v. David

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DAVID L., Respondent

Court:Court of Appeals of the State of New York

Date published: May 6, 1982

Citations

56 N.Y.2d 698 (N.Y. 1982)
451 N.Y.S.2d 722
436 N.E.2d 1324

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