People v. Andujar

N.Y. Veh. & Traf. Law (VTL) 397, which provides that a person - not a police officer but someone acting pursuant to his special duties - who equips or operates a motor vehicle with a radio capable of receiving signals on the frequencies allocated for police use does not require that the prohibited device be physically attached to the motor vehicle.The prosecution filed an accusatory instrument alleging that Defendant operated a pick-up truck bearing the name of a tow truck company while having inside his jacket pocket a police scanner. Criminal Court dismissed the accusatory instrument on the ground that there were no allegations that the scanner was specifically prepared to be used with a vehicle. The Appellate Term reversed. The Court of Appeals affirmed, holding that the information was facially sufficient to establish reasonable cause to believe Defendant violated VTL 397. View "People v. Andujar" on Justia Law