MATTER OF MURRAY v. TOFANY


33 A.D.2d 1080 (1970)

In the Matter of Russell B. Murray, Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles of The State of New York, Respondent

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

February 20, 1970


STALEY, JR., J.

Petitioner was arrested on July 23, 1967 in the Village of Lake George, New York about 11:50 P.M. by Edward Sturges, a duly appointed special policeman of the Village of Lake George. Sturges testified that he observed petitioner while driving his automobile strike the rear of a parked truck; that when he interrogated the petitioner he observed the smell of alcohol and also a glass of alcohol on the floor of the automobile; and that, when...

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