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PEOPLE v. MOORE

92 Misc.2d 807 (1978)

The People of the State of New York, Appellant, v. Steven W. Moore, Respondent. The People of the State of New York, Appellant, v. Glenn L. Williams, Respondent. The People of the State of New York, Appellant, v. Robert M. Shott, Respondent.

County Court, Broome County.

January 17, 1978

Attorney(s) appearing for the Case

Patrick D. Monserrate, District Attorney (Gerard Rohde, James R. Peterson and Robert S. Rose of counsel), for appellant. Richard S. Ringwood, P. C., for Steven W. Moore, Respondent. Aswad & Ingraham (Charles O. Ingraham of counsel), for Glenn L. Williams, respondent. Edwin Lachman for Robert M. Shott, respondent.

STEPHEN SMYK, J.

The issue on appeal tendered by the defendants and the People in these similar but separate cases is the purview of section 397 of the Vehicle and Traffic Law of the State of New York. This statute provides in pertinent part that "A person, not a peace officer, who equips a motor vehicle with a radio receiving set capable of receiving signals on the frequencies allocated for police use or knowingly...

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