PEOPLE v. DEPINTO

2014-04075, Ind. No. 1899/13.

124 A.D.3d 677 (2015)

997 N.Y.S.2d 915

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FRANK DEPINTO, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 14, 2015.


Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings on the indictment.

The Supreme Court erred in determining that the People failed to establish that probable cause supported the defendant's arrest for driving while intoxicated. The testimony of the arresting officer, which the Supreme Court credited, was sufficient to demonstrate that he had reasonable grounds to believe that the...

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