PEOPLE v. RUSSUM


41 A.D.2d 506 (1973)

The People of the State of New York, Respondent, v. Mark S. Russum, Appellant

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

June 1, 1973.


Attorney(s) appearing for the Case

Giles, Maloney, Marsh, Clary & Swartz (H. Thomas Swartz of counsel), for appellant.

William J. McClusky, District Attorney, for respondent.

GOLDMAN, P. J., WITMER and MOULE, JJ., concur with DEL VECCHIO, J.; CARDAMONE, J., dissents and votes to reverse judgment and grant motion to suppress, in an opinion.


DEL VECCHIO, J.

The Trial Judge correctly denied defendant's motion to suppress the marijuana, the basis for the conviction. In the nighttime two State Police officers stopped defendant's automobile, driven by him, because its tail light was not lit. They performed a routine inspection of the exterior of the vehicle and found that two of the tires were unsafe. The Trial Judge found upon sufficient evidence that...

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