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STATE v. CUNY

No. 18884.

534 N.W.2d 52 (1995)

STATE of South Dakota, Plaintiff and Appellee, v. Robert W. CUNY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 28, 1995.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Patricia J. Froning, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Mark W. Grosshans, Office of Public Defender, Rapid City, for defendant and appellant.

PER CURIAM.

Following a court trial, Robert W. Cuny (Cuny) was convicted of misdemeanor driving under the influence of alcohol. SDCL 32-23-1, SDCL 32-23-2. On appeal he contends that there was no reasonable and articulable suspicion to justify the stop of his automobile. We affirm.

FACTS

At 3:24 a.m. on January 22, 1994, Rapid City police dispatch received a 911 call. Dispatch heard a man and woman verbally fighting before the calling party hung...

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