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BOMMARITO v. STATE OF N. Y.

35 A.D.2d 458 (1971)

Charles Bommarito, Respondent, v. State of New York, Appellant

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

January 14, 1971.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (B. Lawrence Radlin and Ruth Kessler Toch of counsel), for appellant.

Fiesinger & Rose (Edward J. Rose of counsel), for respondent.

DEL VECCHIO, J. P., WITMER and HENRY, JJ., concur.

MARSH, J.

On September 7, 1969 claimant was stopped by a New York State Trooper for speeding, and during the course of the arrest, it is claimed that the trooper assaulted him. Subsequently, the trooper took him before a Justice of the Peace where he was charged with driving while intoxicated. After arraignment he was committed to the Herkimer County jail where he remained until September 19, 1969 when he furnished...

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