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PEOPLE v. BURGESS

168 A.D.2d 685 (1990)

The People of the State of New York, Respondent, v. Bruce Burgess, Appellant

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

December 31, 1990

Ordered that the judgment is affirmed.

A police officer found the defendant intoxicated and asleep in his car which was parked on the shoulder of a highway with its headlights on and engine running and, by use of a flashlight, observed an open paper bag containing marihuana on the floor of the vehicle. On appeal, the defendant challenges the hearing court's denial of that branch of his omnibus motion which was to suppress...

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