PEOPLE v. MILLER


142 A.D.2d 760 (1988)

The People of the State of New York, Respondent, v. David A. Miller, Appellant

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

July 7, 1988


Levine, J.

Defendant's car was discovered by Kenneth Switzer in a ditch off the road on the Tompkins County side of a highway separating that county from Schuyler County. The car was disabled and smoking. Switzer observed defendant either getting in or out of the vehicle when he arrived at the scene. Switzer was a part-time Deputy Sheriff in Schuyler County, subject to being called for duty by the Sheriff. He was not on duty when he encountered defendant...

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