PEOPLE v. GINGRAS


22 Misc.3d 22 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ROBERT J. GINGRAS, Respondent.

Supreme Court, Appellate Term, Second Department.

November 20, 2008.


Attorney(s) appearing for the Case

Francis D. Phillips, II, District Attorney, Goshen (Luke E. Bovill and Andrew R. Kass of counsel), for appellant.

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


OPINION OF THE COURT

MEMORANDUM.

Order reversed on the law, defendant's motion to suppress evidence denied, and matter remanded to the court below for all further proceedings.

After a hearing, the court granted defendant's motion to suppress evidence, concluding that the trooper lacked probable cause to arrest defendant for driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3])....

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