PEOPLE v. SCHANBARGER


24 N.Y.2d 288 (1969)

The People of the State of New York, Respondent, v. Donald Schanbarger, Appellant.

Court of Appeals of the State of New York.

Decided April 10, 1969.


Attorney(s) appearing for the Case

Donald Schanbarger, appellant pro se.

Con G. Cholakis, District Attorney (Kermit D. McGinnis of counsel), for respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur.


BURKE, J.

State Trooper Kellogg was on routine patrol on Routes 9 and 20 in the Townships of Schodack and East Greenbush in the early morning hours of April 30, 1968. At about 3 o'clock in the morning he observed a man walking along the highway but he paid little attention to him, other than noting that the hour was late, and thought that it was someone returning home since it was a residential area. About a...

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