PEOPLE v. BENNETT


121 A.D.2d 113 (1986)

The People of the State of New York, Respondent, v. Larry Burton Bennett, Appellant

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

December 24, 1986


Attorney(s) appearing for the Case

Franklin B. Resseguie for appellant.

Robert J. Simpson, District Attorney (Judith A. Melville of counsel), for respondent.

MAIN, WEISS and HARVEY, JJ., concur with MAHONEY, P. J.; MIKOLL, J., dissents and votes to reverse in an opinion.


MAHONEY, P. J.

On April 19, 1985, at approximately 1:00 A.M., State Troopers Donald Faughnan and Ronald Bell received a radio communication directing them to investigate a one-car property damage accident possibly involving an intoxicated driver at the intersection of Routes 38 and 38B in the Town of Newark Valley, Tioga County. When they arrived at the scene there was no evidence of an accident. However, they...

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