PEOPLE v. LABAR


221 A.D.2d 783 (1995)

633 N.Y.S.2d 423

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

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

November 16, 1995


Crew III, J.

In the early morning hours of June 10, 1994 defendant, a police officer with the City of Mechanicville Police Department in Saratoga County, went to a bar with his roommate, Brian Holmes, where both ate and consumed alcoholic beverages. After returning to their apartment, defendant and Holmes began watching television. A short time thereafter defendant went upstairs to bed. As defendant pulled his bedspread back and sat down on the edge of...

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