PEOPLE v. JACOB

2009-11783.

81 A.D.3d 977 (2011)

917 N.Y.S.2d 304

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOSEPH JACOB, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 22, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings on the indictment.

The defendant was charged with, inter alia, operating a motor vehicle while under the influence of drugs and reckless driving. At a suppression hearing, testimony demonstrated that the defendant was found by police officers in the driver's seat of a vehicle at the scene of an accident which...

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