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MATTER OF STARK v. NEW YORK STATE DEP'T OF MOTOR VEHICLES

65 N.Y.2d 720 (1985)

In the Matter of Frederick J. Stark, Jr., Appellant, v. New York State Department of Motor Vehicles et al., Respondents.

Court of Appeals of the State of New York.

Decided June 4, 1985.

Attorney(s) appearing for the Case

Marlene O. Tuczinski for appellant.

Robert Abrams, Attorney-General (Lisa Margaret Smith, Robert Hermann, Peter H. Schiff and Peter G. Crary of counsel), for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur; Judge TITONE taking no part.

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

The Commissioner of Motor Vehicles, pursuant to Vehicle and Traffic Law § 1194, determined that the warrantless arrest here was justified by exigent circumstances. The record demonstrates that there was an uninterrupted pursuit of petitioner by the police and that the intrusion into his...

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