PEOPLE v. SPENCER


289 A.D.2d 877 (2001)

736 N.Y.S.2d 428

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MICHAEL P. SPENCER, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided December 27, 2001.


Cardona, P. J.

Defendant was arrested for the felony of operating a motor vehicle while intoxicated on February 7, 2000 and subsequently indicted for that crime. At the close of a pretrial Huntley hearing, defense counsel, for the first time, argued that defendant was under arrest when he was transported to the police station and the arrest had been effected without probable cause. County Court refused to entertain that argument, finding that it should have...

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