PEOPLE v. KELLY


79 Misc.2d 534 (1974)

The People of the State of New York, Appellant, v. Peter Kelly, Respondent.

Supreme Court, Appellate Term, First Department.

November 14, 1974


Attorney(s) appearing for the Case

Mario Merola, District Attorney (Richard Eniclerico of counsel), for appellant. Murray Richman for respondent.

Concur: DUDLEY, J. P., QUINN and FINE, JJ.


Per Curiam.

The record contains ample evidence to support the Trial Judge's determination that the patrolmen had probable cause to arrest the defendant for a traffic infraction, since he allegedly attempted to flee when the officers requested his license and registration (Vehicle and Traffic Law, § 155; § 401, subd. 4). However the Trial Judge should also have passed, but failed to pass, upon the question...

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