PEOPLE v. ZURITA


76 A.D.2d 871 (1980)

The People of the State of New York, Respondent, v. Robert Zurita, Appellant

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

June 9, 1980


Judgment reversed, on the law, and as a matter of discretion in the interest of justice and new trial ordered.

At about 12:30 A.M. on July 21, 1978, while driving an automobile belonging to one of his passengers, defendant stopped on Utopia Parkway and waited for a change of light at the corner of Northern Boulevard. Edward Harris, a police officer riding home on a motorcycle and wearing civilian clothes, pulled up on defendant's left. Defendant leaned out his window...

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