Order unanimously reversed on the law, motion denied, and count one of the indictment reinstated.
Memorandum:
The People contend that the trial court erred in dismissing for lack of probable cause defendant's indictment for operating a motor vehicle while under the influence of alcohol or drugs (Vehicle and Traffic Law § 1192 [3]). We agree.
Rochester Police Sergeant Danley observed defendant operate his vehicle erratically by weaving back and...
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