Judgment unanimously reversed on the law, motion granted, and indictment dismissed.
Memorandum:
Defendant was the rear seat passenger in a vehicle stopped by City of Buffalo police officers, allegedly for failing to signal a left turn. An officer approached the driver and asked him to exit the vehicle. As the driver complied, the officer detected the odor of alcohol. He frisked the driver as a prelude to requiring him to perform certain field sobriety tests...
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