PEOPLE v. BORTOLIS

2008QN059647

26 Misc.3d 851 (2009)

887 N.Y.S.2d 469

2009 NY Slip Op 29423

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

Criminal Court of the City of New York, Queens County.

Decided September 16, 2009.


Attorney(s) appearing for the Case

William McDonald for defendant.

Richard A. Brown, District Attorney (Melissa Beach of counsel), for plaintiff.


OPINION OF THE COURT

GENE R. LOPEZ, J.

The defendant is charged with two counts of driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3]). On March 23, 2009, this court started a Huntley hearing to determine whether the prosecution may use on its case-in-chief two statements made by the defendant to Police Officer Joseph Morabito: namely, that the defendant had been drinking and he had been driving. At the hearing, Morabito testified...

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