PEOPLE v. POPKO

2010KN041293

33 Misc.3d 277 (2011)

2011 NY Slip Op 21273

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DENYS POPKO, Defendant.

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

Decided June 28, 2011.


Attorney(s) appearing for the Case

Legal Aid Society, Brooklyn ( Bernard Udell of counsel), for defendant. Charles J. Hynes , District Attorney, Brooklyn ( Joshua Border of counsel), for plaintiff.


OPINION OF THE COURT

GERRI PICKETT, J.

Defendant's motion to suppress his arrest is denied. The initial stop was lawful, and when the officer observed the classic signs of intoxication, probable cause existed for defendant's arrest. Since defendant was given clear and unequivocal refusal warnings, evidence of his refusal is admissible at trial.

Procedural Background

On May 23, 2010, an information was filed against defendant, Denys Popko...

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