PEOPLE v. AUSTIN


128 Misc.2d 923 (1985)

The People of the State of New York, Plaintiff, v. Robert E. Austin, Jr., Defendant.

County Court, Cattaraugus County.

July 3, 1985


Attorney(s) appearing for the Case

Larry Himelein, District Attorney, for plaintiff. Raymond W. Bulson for defendant.


EDWARD M. HOREY, J.

Basically the instant case involves the rights of a drunk found asleep in his car.

On July 2, 1984 the Supreme Court of the United States decided the action of Berkemer v McCarty (468 US ___, 104 S.Ct. 3138, 82 L ed 2d 317). There the court analogized the "usual traffic stop" to a "so-called `Terry' stop". (See, 468 US, at p ___, 82 L ed 2d, at p 334, 104 S Ct, at p 3150.)

In making its holding the Supreme...

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