PEOPLE v. CASE


42 N.Y.2d 98 (1977)

The People of the State of New York, Respondent, v. William Norwood Case, Appellant.

Court of Appeals of the State of New York.

Decided June 16, 1977.


Attorney(s) appearing for the Case

Steven C. Haas for appellant.

William H. Power, Jr., District Attorney (Peter R. Terriah of counsel), for respondent.

Judges GABRIELLI, WACHTLER and FUCHSBERG concur with Judge COOKE; Chief Judge BREITEL concurs in result in a separate opinion in which Judges JASEN and JONES concur.


COOKE, J.

A CB radio message from one motor vehicle operator to another as to the highway location of a radar speed checkpoint does not constitute the crime of obstructing governmental administration. To say that there is a Smokey takin' pictures up the road does not subject the speaker to a year's imprisonment.

This is an appeal from an order of the County Court of St. Lawrence County which affirmed a...

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