PEOPLE v. KOWALSKI


291 A.D.2d 669 (2002)

738 N.Y.S.2d 427

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. SCOTT A. KOWALSKI, Respondent.

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

Decided February 21, 2002.


Spain, J.

This appeal by the People is directed at a determination by County Court after a suppression hearing that law enforcement lacked probable cause to arrest defendant for driving while intoxicated following a valid traffic stop. At the hearing it was established that on June 24, 2000, at approximately 10:00 P.M., a State Trooper using radar observed defendant's vehicle traveling at a speed of 73 miles per hour in a 45 mile-per-hour zone in the Town of Stuyvesant...

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