PEOPLE v. DAVIS

2008-781 S CR.

2009 NY Slip Op 29128

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

Appellate Term of the Supreme Court of New York, Second Department.

Decided March 18, 2009.


At the combined probable cause, Huntley and refusal hearing, the arresting officer testified that he stopped defendant after observing defendant's automobile, on Montauk Highway, travel over the solid line bordering the shoulder, to the extent of half the vehicle's width, twice in a 10 to 20 second period. When defendant lowered her window, the officer detected a strong odor of marihuana emanating from the vehicle. The officer asked defendant to explain the source...

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