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PEOPLE v. MARCIAL

2017-01368. Ind. No. 5477/15.

211 A.D.3d 98 (2022)

178 N.Y.S.3d 107

2022 NY Slip Op 06142

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN MARCIAL, Appellant.

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

Decided November 2, 2022.

Attorney(s) appearing for the Case

Patricia Pazner , New York City ( Alexis A. Ascher of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn ( Leonard Joblove , Sholom J. Twersky , and Rebecca Height of counsel), for respondent.

DUFFY, J.P., ROMAN and CHRISTOPHER, JJ., concur.

OPINION OF THE COURT

On January 24, 2015, a police officer initiated a traffic stop of the defendant after observing the defendant commit a traffic violation. The officer who initiated the traffic stop later testified that he recognized the make, model, and license plate of...

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