PEOPLE v. HOLSTEIN


154 A.D.2d 905 (1989)

The People of the State of New York, Respondent, v. James Holstein, Appellant

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

October 6, 1989


Judgment unanimously affirmed.

Memorandum:

At approximately 3:00 A.M. on August 2, 1986, a Batavia police officer received a radio report that a citizen had observed that a motorcycle was tipped over against a curb at the intersection of Bank Street and Washington Avenue, that a person was seen sitting on the curb and that a motorcyclist's helmet was lying on the road. The officer was directed to respond and to investigate a possible accident. Upon arriving...

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