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PEOPLE v. HANSON

5 Misc.3d 67 (2004)

785 N.Y.S.2d 825

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KEITH HANSON, Respondent.

Supreme Court, Appellate Term, Second Department.

October 14, 2004.

Attorney(s) appearing for the Case

Francis D. Phillips, II, District Attorney, Goshen (Andrew R. Kass of counsel), for appellant.

Dickover, Donnelly, Donovan & Biagi, LLP, Goshen (Michael H. Donnelly of counsel), for respondent.

McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed.

The amended return in this case indicates that the defendant was seen by a state trooper driving over the white hazard lines on Route 17 in the Town of Goshen at 1:55 a.m. The vehicle was stopped for a routine traffic stop. As one trooper approached the driver and asked for the vehicle registration and driver's license, he smelled the "strong odor of burnt marijuana." The driver was then...

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