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PEOPLE v. DRAIN

73 N.Y.2d 107 (1989)

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

Court of Appeals of the State of New York.

Decided February 14, 1989.

Attorney(s) appearing for the Case

Carl H. Dobozin for appellant.

Kevin M. Dillon, District Attorney (Jo W. Faber, John J. DeFranks and J. Michael Marion of counsel), for respondent.

Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur; Judge TITONE taking no part.

Chief Judge WACHTLER.

At 10 o'clock on February 26, 1984, in the Town of Cheektowaga, the Children's Hospital Telethon was taking place at the Executive Hotel. Defendant was alone in the back seat of a Plymouth Volare parked in the hotel's lot. Apparently he was arranging something in the trunk, which he reached by removing a portion of the auto's back seat.

A New York State Trooper on routine patrol...

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