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PEOPLE v. CARTER

10 Misc.3d 742 (2005)

807 N.Y.S.2d 274

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOHN C. CARTER, Defendant.

District Court of Suffolk County, First District.

November 16, 2005.

Attorney(s) appearing for the Case

Steven M. Politi for defendant.

Thomas J. Spota III, District Attorney (Brooke Lupinacci of counsel), for plaintiff.

OPINION OF THE COURT

HOWARD M. BERGSON, J.

The defendant was charged with operating a motor vehicle while under the influence of drugs in violation of Vehicle and Traffic Law § 1192 (4) and criminal possession of marijuana in violation of section 221.10 of the Penal Law. He has challenged the constitutionality of the roadside safety checkpoint that he encountered when he was arrested and seeks the suppression...

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