PEOPLE v. QUACKENBUSH


166 Misc.2d 364 (1995)

636 N.Y.S.2d 572

The People of the State of New York, Appellant, v. James Quackenbush, Respondent.

Supreme Court, Appellate Term, Second Department.

October 16, 1995


Attorney(s) appearing for the Case

James M. Catterson, District Attorney of Suffolk County, Riverhead (Mary-Ellen Harkin of counsel), for appellant.

STARK, J. P., and INGRASSIA, J., concur; LUCIANO, J., dissents in a separate memorandum opinion.


MEMORANDUM.

Order reversed upon the law and matter remanded for further proceedings.

Defendant, charged with operating a motor vehicle with inadequate brakes (Vehicle and Traffic Law § 375 [1]), brought a successful application in the court below to suppress evidence obtained from an inspection of his pickup truck following a fatal accident. The evidence at a Mapp hearing showed that there was a collision between...

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