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PEOPLE v. BAKER

109 A.D.2d 348 (1985)

The People of the State of New York, Respondent, v. Rexford Timothy Baker, Appellant

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

July 18, 1985

Attorney(s) appearing for the Case

Kenneth P. Helisek for appellant.

Patrick H. Mathews, District Attorney (James F. Franchi of counsel), for respondent.

MAHONEY, P. J., CASEY, WEISS and LEVINE, JJ., concur.

KANE, J.

On April 11, 1982, at approximately 5:30 A.M., Officers Leon Van Winkle and Robert F. Avery of the Broome County Sheriff's Department received a report of an accident on Interstate Route 88 in the Town of Fenton, Broome County. Upon their arrival at the scene, the officers observed defendant's Chevy pickup truck in the center of the median on Route 88. Defendant was inside the vehicle and its engine was running. As the officers attempted to speak...

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