People v. Bennett

I respectfully dissent. In the instant case, the police had received a radio communication that a one-car property damage accident, possibly involving an intoxicated driver, had occurred at the intersection of Routes 38 and 38B in the Town of Newark Valley, Tioga County. Arriving at the scene some 20 to 25 minutes later, the officers saw no cars in the area nor any sign of an accident. They proceeded one mile up the road and doubled back. On their return to the intersection, they observed two vehicles about 100 yards east of the intersection. One was parked on the shoulder of Route 38B,…