PEOPLE v. DAVIS


58 A.D.3d 896 (2009)

870 N.Y.S.2d 602

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MATTHEW DAVIS, Respondent.

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

January 8, 2009.


Cardona, P.J.

On the evening of February 20, 2007, while on patrol in the Town of Duanesburg, Schenectady County, police officer Eric Fluty saw a Jeep with oversized tires and Michigan license plates go "over" the road's right-side white fog line as it passed by Fluty's vehicle. Fluty proceeded behind the Jeep and followed it for approximately half a mile. He observed the Jeep's right front tire travel "partially" on the fog line "three or four times," always remaining...

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