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PEOPLE v. KESTER

130 Misc.2d 37 (1985)

The People of the State of New York, Plaintiff, v. Mark S. Kester, Defendant.

Justice Court of Town of Brighton, Monroe County.

October 22, 1985

Attorney(s) appearing for the Case

Howard R. Relin, District Attorney (Daniel L. Aureli of counsel), for plaintiff. Sutton, DeLeeuw, Clark & Darcy (Peter K. Skivington of counsel), for defendant.

JOHN J. ARK, J.

On April 8, 1985, at 2:25 A.M., Monroe County Sheriff's Deputy Arnold Benningson observed the defendant's vehicle changing lanes without signaling while traveling northbound on Route 15 in the Town of Brighton. The deputy pulled over and approached the defendant's vehicle. From outside the defendant's car the deputy noticed the defendant's hands were trembling as he looked through his wallet for his driver's license. The deputy smelled...

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