Defendant Bohdan Lalka is charged with the misdemeanor of driving while intoxicated contrary to subdivision 3 of section 1192 of the Vehicle and Traffic Law. By this pretrial motion he seeks to have this charge dismissed in the interests of justice pursuant to CPL 170.40. He claims that the arresting police officer lacked reasonable cause to believe that the defendant had committed this crime and thus, the arrest being unlawful...
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