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THE PEOPLE, v. ANDUJAR, def-res

14-358. THE PEOPLE, v. ANDUJAR, def-res — Order (Shawn T. Kelly, J.), dated June 4, 2013, reversed, on the law, accusatory instrument reinstated and matter remanded for further proceedings.

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14-358. THE PEOPLE, v. ANDUJAR, def-res — Order (Shawn T. Kelly, J.), dated June 4, 2013, reversed, on the law, accusatory instrument reinstated and matter remanded for further proceedings.

Defendant was charged in a superseding information with violating section 397 of the Vehicle & Traffic Law, upon allegations that he was observed “operating…a pick up truck…bearing the name Empire Tow Company…[while he had] on his person inside his front left jacket pocket a radio receiver…capable of receiving police frequencies.” Section 397 punishes one who “equips a motor vehicle” with a radio receiver capable of receiving signals on the frequencies allocated for police, or “knowingly uses” a vehicle so equipped.

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