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PEOPLE v. COHEN

85 Misc.2d 982 (1976)

The People of the State of New York, Plaintiff, v. Barbara Cohen, Defendant.

District Court of Suffolk County, First District.

March 30, 1976

Attorney(s) appearing for the Case

Henry F. O'Brien, District Attorney, for plaintiff. Barbara Cohen, defendant pro se.

LAWRENCE NEWMARK, J.

This action was brought by the People against the defendant for an alleged violation of subdivision 28 of section 375 of the Vehicle and Traffic Law which provides: "No person shall operate upon a public highway a vehicle which emits unnecessary smoke or unnecessary offensive vapors."

Prior to the commencement of the trial the defendant moved to dismiss on the ground that the statute...

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