Viger v. Passidomo

Weiss and Mikoll, JJ.,

dissent and vote to annul in the following memorandum by Mikoll, J. Mikoll, J. (dissenting). We respectfully dissent. Petitioner was involved in a traffic incident in which he sounded his horn at an unmarked police car which had traveled through a red light at an intersection without operating either its emergency flashers or siren. The police car then stopped and defendant was charged with disorderly conduct (Penal Law, § 240.20, subd 2), following too closely (Vehicle and Traffic Law, § 1129, subd [a]) and driving while intoxicated (Vehicle and Traffic Law, § 1192,…