PEOPLE v. VESTEA


6 Misc.3d 40 (2004)

789 N.Y.S.2d 802

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FREDERICK VESTEA, Respondent.

Supreme Court, Appellate Term, Second Department.

November 5, 2004.


Attorney(s) appearing for the Case

Francis D. Phillips, II, District Attorney, Goshen (Daniel M. Reback of counsel), for appellant.

Larkin, Axelrod, Ingrassia & Tetenbaum, L.L.P., Newburgh (John Ingrassia and Kathleen V. Wells of counsel), for respondent.

McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ., concur.


Memorandum.

Orders unanimously reversed on the law, defendant's motion to suppress his statements and breathalyzer test results denied, simplified informations reinstated and matters remanded to the court below for all further proceedings.

As relevant to the instant appeal, defendant was issued three separate simplified traffic informations charging him with driving while intoxicated per se (Vehicle and Traffic Law § 1192 [2]), driving while intoxicated...

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