PEOPLE v. HOWELL


49 N.Y.2d 778 (1980)

The People of the State of New York, Respondent, v. Eddie Howell, Appellant.

Court of Appeals of the State of New York.

Decided February 14, 1980.


Attorney(s) appearing for the Case

Michael Young for appellant.

Mario Merola, District Attorney (Philip M. Gaynor and Steven R. Kartagener of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, the motion to suppress granted, and the plea vacated.

The trial court was in error in its conclusion that merely because reckless driving is a misdemeanor rather than a traffic violation, the arrest was inevitable. An arrest in a situation such as was presented in this case was neither called for nor the preferred procedure (see Denzer, Practice Commentary...

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