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PEOPLE v. KNAPP

17 A.D.2d 65 (1962)

The People of the State of New York, Respondent, v. Vernon L. Knapp, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 26, 1962.

Attorney(s) appearing for the Case

Robert J. McKeegan, District Attorney of Delaware County, for respondent.

Frank R. Reeves for appellant.

COON, REYNOLDS and TAYLOR, JJ., concur in Per Curiam opinion; BERGAN, P. J., dissents in opinion; GIBSON, J., dissents, in a memorandum.

Per Curiam.

Appeal from a judgment of the Delaware County Court convicting appellant of the crime of assault, second degree (Penal Law, § 242, subd. 5).

At about 3:45 A.M., on the morning of August 7, 1960, State troopers patrolling Route 17 observed a car driven by appellant cross a double white line in attempting to pass another vehicle. Pursuing the car the troopers overtook it, pulled along side and...

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