PEOPLE v. BRITO

53832C-08

26 Misc.3d 1097 (2010)

892 N.Y.S.2d 752

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ISMAEL BRITO, Defendant.

Supreme Court, Bronx County.

Decided January 7, 2010.


Attorney(s) appearing for the Case

Legal Aid Society ( Benjamin Gold of counsel), for defendant.

Robert T. Johnson , District Attorney ( Diana Cuozzo of counsel), for plaintiff.


OPINION OF THE COURT

RICHARD LEE PRICE, J.

The defendant is charged with two counts of operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [3], [1]). A pretrial hearing was conducted in this case before Supreme Court Justice George Villegas on August 3, 2009, after which he determined that defendant's arrest was based upon sufficient probable cause, that the property recovered from inside his vehicle was proper...

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