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PEOPLE v. ABERNATHY

224 A.D.2d 826 (1996)

638 N.Y.S.2d 196

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

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

February 22, 1996

Yesawich Jr., J.

In the early evening of August 29, 1992, State Trooper Kenneth Wilson saw defendant changing a tire on a disabled automobile on the Thruway. When Wilson approached to investigate and offer assistance, he discovered that the automobile had two flat tires and only one spare. Wilson then informed defendant and his female companion that he would call a tow truck due to the unsafe condition of the...

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