PEOPLE v. HOFFMAN


135 A.D.2d 299 (1988)

The People of the State of New York, Respondent, v. Ernest W. Hoffman, Appellant

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

February 25, 1988


Attorney(s) appearing for the Case

Caputo, Aulisi & Skoda (Richard T. Aulisi and Robert M. Cohen of counsel), for appellant.

William H. Gritsavage, District Attorney (Richard C. Giardino of counsel), for respondent.

CASEY, WEISS and YESAWICH, JR., JJ., concur.


MAHONEY, P. J.

At 10:00 P.M. on May 13, 1986, two State Troopers were in a marked police car in a parking lot located alongside Route 29 in the Town of Johnstown, Fulton County. Defendant drove by and the Troopers pulled out to follow his car. It is conceded that there were no grounds for suspicion or articulable reason for them to do so. Soon thereafter, defendant's car "drifted" into the opposite lane and...

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