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IN THE MATTER OF MAYRICK CONSTRUCTION CORPORATION v. MARTINEZ

13 A.D.3d 68 (2004)

785 N.Y.S.2d 81

In the Matter of MAYRICK CONSTRUCTION CORPORATION, Petitioner, v. RAYMOND P. MARTINEZ, as Commissioner of the New York State Department of Motor Vehicles, Traffic Violations Bureau, Respondent.

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

December 2, 2004.

Respondent's operation of a weigh station checkpoint pursuant to a plan to stop every third truck meets the constitutional requirement to minimize officer discretion (see Matter of Ferrara Bros. Bldg. Materials Corp. v Martinez, 11 A.D.3d 214 [2004]). Such plan is not rendered unconstitutional by the absence of evidence that it was promulgated in a writing emanating from the higher echelons of the Police Department, or by the fact...

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