Summary
In David L. it was found that the automobile in question was stopped because it was making excessive noise and had a defective rear light.
Summary of this case from People v. MejiaOpinion
Argued March 30, 1982
Decided May 6, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, NORMAN J. FELIG, J.
Eugene Gold, District Attorney ( Jason L. Shaw of counsel), for appellant.
Andrew E. Abraham and William E. Hellerstein for respondent.
Order reversed for reasons stated in the dissenting memorandum by former Justice JAMES D. HOPKINS and Justice MOSES M. WEINSTEIN at the Appellate Division ( 81 A.D.2d 893, 895-896) and case remitted to the Appellate Division, Second Department, for consideration of the facts (CPL 470.25, subd 2, par [d]; 470.40, subd 2, par [b]).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI and JONES. Judges WACHTLER, FUCHSBERG and MEYER dissent and vote to affirm for reasons stated in the memorandum of the Appellate Division ( 81 A.D.2d 893).