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MATTER OF BARQUERO v. MELTON

60 A.D.2d 687 (1977)

In the Matter of Guido Barquero, Petitioner, v. James P. Melton, as Commissioner of The Department of Motor Vehicles of the State of New York, Respondent

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

December 8, 1977

At about 3:50 P.M. on December 26, 1975, John Mancini, a police officer of the City of Amsterdam, observed the petitioner sitting behind the wheel of a pick-up truck. The engine was running and lights were on. Mancini and his partner approached the vehicle and, after some difficulty, prevailed upon the petitioner to lower the window on the driver's side. The officer immediately smelled alcohol and observed that the petitioner's eyes...

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