PEOPLE v. BROWN


73 A.D.2d 112 (1980)

The People of the State of New York, Respondent, v. Claude M. Brown, Appellant

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

March 6, 1980


Attorney(s) appearing for the Case

Livingston L. Hatch for appellant.

Joseph W. Kelley, District Attorney (Steven I. Foyer of counsel), for respondent.

MAIN and MIKOLL, JJ., concur with CASEY, J.; KANE, J. P., and STALEY, JR., J., dissent and vote to affirm in an opinion by KANE, J. P.


CASEY, J.

The defendant was stopped shortly after midnight on October 25, 1977 in the City of Plattsburgh by a city police officer for making a right-hand turn on a red light at an intersection where such a turn was not permitted. According to the arresting officer, the defendant at the time had bloodshot eyes, smelled of alcohol, demonstrated poor co-ordination and staggered at the scene. Taken to the police...

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