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PEOPLE v. GAVENDA

KA 11-00612.

88 A.D.3d 1295 (2011)

930 N.Y.S.2d 393

2011 NY Slip Op 7111

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD W. GAVENDA, JR., Also Known as DONALD GAVENDA and Another, Appellant.

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

Decided October 7, 2011.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him of felony driving while intoxicated (DWI) (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [former (i)]), defendant contends that County Court erred in refusing to suppress all evidence obtained when he was stopped at a DWI checkpoint and thereafter arrested. According to defendant, the DWI checkpoint constituted an unreasonable...

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