PEOPLE v. THOMAS


210 A.D.2d 269 (1994)

619 N.Y.S.2d 733

The People of the State of New York, Respondent, v. Daniel Thomas, Appellant

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

December 5, 1994


Ordered that the judgment is affirmed.

During the early morning hours of August 8, 1992, a Town of Newburgh police officer stopped the vehicle in which the defendant was a passenger in order to issue the driver a ticket for having an inadequate muffler (see, Vehicle and Traffic Law § 375 [31]). While the officer who stopped the vehicle was speaking to the driver, a second officer observed the defendant throw a small container out of the front passenger...

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