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PEOPLE v. TOLENTINO

No. 37

14 N.Y.3d 382 (2010)

926 N.E.2d 1212

900 N.Y.S.2d 708

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE TOLENTINO, Also Known as JOSE R. TOLENTINO, Appellant.

Court of Appeals of New York.

Decided March 30, 2010.

Attorney(s) appearing for the Case

Legal Aid Society, New York City ( Kristina Schwarz and Steven Banks of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Allen J. Vickey and Alan Gadlin of counsel), for respondent.

Judges GRAFFEO, SMITH, PIGOTT and JONES concur with Judge READ; Judge CIPARICK dissents and votes to reverse in a separate opinion in which Chief Judge LIPPMAN concurs.

OPINION OF THE COURT

READ, J.

At about 7:40 P.M. on New Year's Day in 2005, defendant Jose Tolentino was driving a car in the vicinity of West 181st Street and Broadway in New York City. The police stopped him for playing music too loudly, learned his name, and ran a computer check of Department of Motor Vehicles (DMV) files to look up his driving record. When this check revealed that defendant's license was suspended with at least 10 suspensions imposed...

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