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PEOPLE v. DeCERBO

4 Misc.3d 23 (2004)

783 N.Y.S.2d 202

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINCENT DeCERBO, Appellant.

Supreme Court, Appellate Term, Second Department.

May 20, 2004.

Attorney(s) appearing for the Case

Lazer, Aptheker, Rosella & Yedid, P.C., Melville (David Lazer and Russell Penzer of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead (Ronald E. Lipetz of counsel), for respondent.

McCABE, P.J., and RUDOLPH, J., concur; ANGIOLILLO, J., taking no part.

OPINION OF THE COURT

Memorandum.

Judgment of conviction reversed upon the law and facts, simplified traffic information dismissed and fine, if paid, remitted.

Officer Jose Febo testified at trial that he had observed a 1993 Volkswagen, driven by defendant's son, without headlights and taillights and pulled it over to the shoulder of the road. After a short interview with the driver of the vehicle, he decided to conduct a field sobriety test. Before...

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