PEOPLE v. SCANLON


59 A.D.2d 788 (1977)

The People of the State of New York, Appellant, v. Kevin Scanlon, Respondent

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

October 31, 1977


Order reversed, on the law and the facts, and motion to suppress denied.

At approximately 1:00 A.M. on April 29, 1976, Police Officer Maggio, observing the defendant driving a 1972 Chevrolet in an erratic manner on 42nd Street near 28th Avenue in Queens County, stopped him and asked him to produce his license and registration. Attempting to co-operate, the defendant voluntarily alighted from the vehicle. At that point a black leather folder fell, open face, to the...

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