MITCHELL v. STATE


108 A.D.2d 1033 (1985)

Wallace P. Mitchell et al., Appellants, v. State of New York, Respondent. (Claim No. 66340.)

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

February 21, 1985


Casey, J.

In the afternoon of November 29, 1981, a passing motorist reported the reckless operation of a red Buick vehicle to State Trooper Robert Benjamin, who was patrolling in and around the Village of Fort Covington, Franklin County. At about 5:15 P.M., Trooper Benjamin spotted the vehicle on Route 37 in the west end of the Village. At a speed estimated to be 60 to 70 miles per hour, it overtook and passed the troop car from the rear and proceeded...

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