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PEOPLE v. WARD

176 Misc.2d 398 (1998)

673 N.Y.S.2d 297

The People of the State of New York, Plaintiff, v. Russell Ward, Defendant.

Supreme Court, Richmond County.

April 9, 1998.

Attorney(s) appearing for the Case

Christopher Nalley, Staten Island, for defendant. William L. Murphy, District Attorney of Richmond County (Michael Conroy of counsel), for plaintiff.

STEPHEN ROONEY, J.

Defendant is charged with operating a motor vehicle while under the influence of alcohol as a felony in violation of Vehicle and Traffic Law § 1192 (3). The defense contends the police had no basis for the initial stop of the defendant, that defendant's Fourth Amendment rights were therefore violated, and that all evidence obtained thereafter is suppressible as fruit of the illegal...

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