PEOPLE v. DEARSTYNE


50 A.D.2d 1029 (1975)

The People of the State of New York, Respondent, v. Marc Dearstyne, Appellant

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

December 23, 1975


Defendant's principal claim on this appeal is that he was the victim of an illegal search and seizure within the meaning of the Fourth Amendment to the United States Constitution. The testimony of Trooper Wood at the suppression hearing was that while on patrol duty in the Town of East Greenbush in Rensselaer County, on November 21, 1973 at 3:00 A.M., he observed a motor vehicle proceeding south on Route 4. On direct examination he testified that he stopped the car because...

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