PEOPLE v. SAVONA


112 A.D.2d 328 (1985)

The People of the State of New York, Appellant, v. Phillip Savona and Stephen Savona, Respondents

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

July 15, 1985


Order affirmed.

The issue on this appeal is whether State Trooper McGuigan, who stopped defendants' car because it had been traveling for more than one mile in the left passing lane on the New York State Thruway, in violation of Vehicle and Traffic Law § 1128 (c), had probable cause to search the car, after he observed a .32 caliber cartridge on the back seat of the car. Relying on the First Department's decision in People v Ellis (93...

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