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PEOPLE v. BURGER

125 Misc.2d 709 (1984)

The People of the State of New York, Plaintiff, v. Joseph Burger, Defendant.

Supreme Court, Criminal Term, Kings County.

June 11, 1984

Attorney(s) appearing for the Case

Mahler & Harris, P. C. (Stephen Mahler of counsel), for defendant. Elizabeth Holtzman, District Attorney (Catherine Wilder of counsel), for plaintiff.

LEWIS L. DOUGLASS, J.

On May 12, 1983, defendant Burger moved to suppress physical evidence seized from his business premises on the grounds that subdivision 5 of section 415-a of the Vehicle and Traffic Law was unconstitutional. That motion was denied, after a hearing, in a decision by this court dated April 12, 1984.

On April 30, 1984, the Appellate Division decided People v Pace (101 A.D.2d 336). Alleging...

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