PEOPLE v. POLITO


128 Misc.2d 71 (1985)

The People of the State of New York, Plaintiff, v. Samuel Polito, Defendant.

City Court of Rochester.

April 15, 1985


Attorney(s) appearing for the Case

Culley, Marks, Corbett, Tannenbaum, Reifsteck & Potter (Cheryl H. Siragusa of counsel), for defendant. Howard R. Relin, District Attorney, for plaintiff.


HERMAN J. WALZ, J.

Defendant is charged with driving while intoxicated. He was arrested after having been involved in an automobile accident. The information, sworn to by the arresting officer, states his personal observations as to intoxication. That defendant operated a vehicle is shown only by defendant's admission to the officer.

Defendant moves to dismiss the information, since there are no nonhearsay allegations of an essential element of...

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