People v. Bohn

Appellate Terms of the Supreme Court of New York

People v. Bohn

91 Misc. 2d 132, 397 N.Y.S.2d 514, 1977 N.Y. Misc. LEXIS 2257

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 21, 1977

StatusPublished

Cited by6 cases

This text of 91 Misc. 2d 132 (People v. Bohn) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bohn, 91 Misc. 2d 132, 397 N.Y.S.2d 514, 1977 N.Y. Misc. LEXIS 2257 (N.Y. Ct. App. 1977).

Pincite

Opinion

Memorandum. Judgment of conviction unanimously reversed on the law, information dismissed and fine remitted.

In our opinion, section 1102 of the Vehicle and Traffic Law is designed to compel obedience to an order of a police officer regulating the control or movement of traffic. The failure or refusal of a motorist to exhibit a license or registration when properly requested is not a violation that falls within the scope of section 1102. We note that where an operator of a motor vehicle fails to exhibit the required documents he may be charged with being an unlicensed operator or operating an unregistered vehicle. Moreover, if he fails or refuses to sufficiently identify himself, the operator may also be arrested (see People v Copeland, 39 NY2d 986).

Concur: Farley, P. J., Glickman and Silberman, JJ.

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Memorandum. Judgment of conviction unanimously reversed on the law, information dismissed and fine remitted.

In our opinion, section 1102 of the Vehicle and Traffic Law is designed to compel obedience to an order of a police officer regulating the control or movement of traffic. The failure or refusal of a motorist to exhibit a license or registration when properly requested is not a violation that falls within the scope of section 1102. We note that where an operator of a motor vehicle fails to exhibit the required documents he may be charged with being an unlicensed operator or operating an unregistered vehicle. Moreover, if he fails or refuses to sufficiently identify himself, the operator may also be arrested (see People v Copeland, 39 NY2d 986).

Concur: Farley, P. J., Glickman and Silberman, JJ.

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Bluebook (online)

91 Misc. 2d 132, 397 N.Y.S.2d 514, 1977 N.Y. Misc. LEXIS 2257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bohn-nyappterm-1977.

Opinion

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