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PEOPLE v. CHESTNUT

43 A.D.2d 260 (1974)

The People of the State of New York, Respondent, v. Paul R. Chestnut, Appellant

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

January 10, 1974.

Attorney(s) appearing for the Case

Robert L. Miller for appellant.

Andrew F. Siedlecki, District Attorney (Robert J. Simpson of counsel), for respondent.

COOKE, SWEENEY and KANE, JJ., concur with MAIN, J.; HERLIHY, P. J., concurs in part and dissents in part in a separate opinion.

MAIN, J.

This is an appeal from a judgment of the County Court of Tioga County, rendered January 4, 1973, convicting defendant on his plea of guilty of the crime of criminal possession of a dangerous drug in the sixth degree.

At approximately 1:00 A.M. on December 5, 1971, defendant was operating an automobile on Route 17 in Tioga County when he was stopped by Troopers Carmody and Standish of the New York State Police after they observed his vehicle...

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