PEOPLE v. BATES

102597.

83 A.D.3d 1110 (2011)

920 N.Y.S.2d 795

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRENT A. BATES, Appellant.

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

Decided April 7, 2011.


GARRY, J.

In August 2007, shortly after midnight, two State Troopers approached a vehicle parked on the side of and perpendicular to a road in the Town of Tupper Lake, Franklin County. The officers questioned defendant, who was the only person in the car, and observed the smell of alcohol as well as beer containers on the passenger seat of the car. Defendant produced his driver's license and, when asked for the vehicle...

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