PEOPLE v. SCOTT

841 KA 17-00009.

189 A.D.3d 2110 (2020)

138 N.Y.S.3d 780

2020 NY Slip Op 07771

The People of the State of New York, Respondent, v. Damon L. Scott, Appellant.

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

Decided December 23, 2020.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( BRIDGET L. FIELD OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( LISA GRAY OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, Curran, Troutman and DeJoseph, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03[3]) and driving while ability impaired (Vehicle and Traffic Law § 1192[1]). Contrary to the contention of defendant, the police had probable cause to stop the vehicle that he was driving based upon his commission of a traffic...

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