PEOPLE v. BURNS


17 A.D.3d 709 (2005)

792 N.Y.S.2d 700

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN J. BURNS, Appellant.

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

April 7, 2005.


Mercure, J.

In January 2002, defendant was a front seat passenger in a car that was stopped on the side of State Route 37, less than one mile from the Canadian border. Border patrol agent Gilbert Gonzales approached the vehicle and asked the occupants their purpose for being in the area and for identification. The driver, John Rizzo, told Gonzales that they had just left the Akwesasne casino. Neither Rizzo, defendant nor the back seat passenger, Kevin Perri, presented...

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