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PEOPLE v. MURPHY

169 Misc.2d 357 (1996)

649 N.Y.S.2d 962

The People of the State of New York, Appellant, v. Kevin Murphy, Respondent.

Supreme Court, Appellate Term, Second Department.

July 2, 1996

Attorney(s) appearing for the Case

William V. Grady, District Attorney of Dutchess County, Poughkeepsie (Kirsten A. Rappleyea of counsel), for appellant. Law Firm of Marco Caviglia, Poughkeepsie (Marco Caviglia of counsel), for respondent.

DiPAOLA, P. J., COLLINS and INGRASSIA, JJ., concur.

MEMORANDUM.

Order unanimously reversed on the law and simplified traffic informations reinstated.

On October 2, 1993, at approximately 3:40 A.M., Village of Fishkill Police Officer Anthony Luciano observed defendant in his vehicle performing unsafe starts and unsafe backing in the parking lot of the ShopRite Plaza located in the Village of Fishkill. Based upon defendant's erratic driving, Officer Luciano entered...

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