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PEOPLE v. SHAKEMMA

19 Misc.3d 771 (2008)

855 N.Y.S.2d 871

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DAVIS I. SHAKEMMA, Defendant.

District Court of Suffolk County, First District.

March 28, 2008.

Attorney(s) appearing for the Case

Legal Aid Society of Suffolk County, Central Islip (Robert C. Mitchell of counsel), for defendant.

Thomas J. Spota III, District Attorney, Central Islip, for plaintiff.

OPINION OF THE COURT

LAWRENCE DONOHUE, J.

The defendant is charged with driving while under the influence of alcohol or drugs (Vehicle and Traffic Law § 1192 [4]). The defendant was charged with using marijuana. A probable cause, Huntley and refusal hearing was held.

The arresting officer testified that he observed the defendant driving on Montauk Highway in Patchogue. On two occasions...

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