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PEOPLE v. OTTEY

21 Misc.3d 493 (2008)

864 N.Y.S.2d 259

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ROBERT OTTEY, Defendant.

City Court of Rochester.

September 4, 2008.

Attorney(s) appearing for the Case

Thomas A. Corletta, Rochester, for defendant.

Michael C. Green, District Attorney, Rochester (Kevin Fitzgerald of counsel), for plaintiff.

OPINION OF THE COURT

ELLEN M. YACKNIN, J.

Introduction

Defendant Robert Ottey is charged with the misdemeanors of driving while intoxicated under the common law and driving while intoxicated per se, and the traffic infraction of unsafe backing of a vehicle. He has moved to suppress the evidence purporting to demonstrate his intoxication on the ground that his arrest was made without reasonable suspicion or probable cause.

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