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PEOPLE v. BELLIZZI

108 Misc.2d 209 (1980)

The People of the State of New York, Respondent, v. George Bellizzi, Appellant.

Supreme Court, Appellate Term, Second Department.

November 18, 1980

Attorney(s) appearing for the Case

Lichtenstein & Schindel (Sande E. Lichtenstein and Michael S. Weiss of counsel), for appellant. Carl A. Vergari, District Attorney (Christopher A. Marothy and Gerald D. Reilly of counsel), for respondent.

Concur: FARLEY, P. J., PITTONI and SLIFKIN, JJ.

MEMORANDUM.

Judgment of conviction is unanimously reversed, on the law, information dismissed and fine remitted.

While the general reliability of radar as a competent speed detection device, while in a stationary position, has long been recognized (People v Magri, 3 N.Y.2d 562), the reliability of this particular type of unit to accurately measure the speed of an oncoming vehicle while the unit is located in a police...

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