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PEOPLE v. ROBINSON

No. 159

17 N.Y.3d 868 (2011)

2011 NY Slip Op 7147

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRANCE D. ROBINSON, Appellant.

Court of Appeals of New York.

Decided October 13, 2011.

Attorney(s) appearing for the Case

Bruce Evans Knoll , Albany, for appellant.

Beth G. Cozzolino , District Attorney, Hudson ( David Costanzo and Henry Neal Conolly of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

On February 16, 2006, while on duty in the City of Hudson, Officer Jason Finn observed a vehicle pull away from a parked position without using a turning signal. He also noticed excessive smoke emanating from the vehicle's tailpipe. Shortly thereafter, Officer Finn stopped the vehicle....

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