PEOPLE v. DAVIS


23 Misc.3d 30 (2009)

___ N.Y.S.2d ___

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. SHAKEEMA I. DAVIS, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided March 18, 2009.


Attorney(s) appearing for the Case

Thomas J. Spota, District Attorney, Riverhead (Ronald E. Lipetz of counsel), for appellant.

Legal Aid Society, Riverhead (Robert C. Mitchell and Alfred J. Cicale of counsel), for respondent.

Concur: MOLIA, J.P., SCHEINKMAN and LaCAVA, JJ.


OPINION OF THE COURT

MEMORANDUM.

Order, insofar as appealed from, reversed, on the law, the branch of defendant's motion which was to suppress evidence of defendant's refusal to submit to a chemical test of her blood as the fruit of an arrest effected without probable cause denied, accusatory instrument charging defendant with driving while ability impaired by drugs reinstated, and matter remanded to the District Court for a determination of the remaining...

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