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PEOPLE v. GILL

2011-2011 ORCR.

37 Misc.3d 24 (2012)

952 N.Y.S.2d 700

2012 NY Slip Op 22165

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RICHARD GILL, Respondent.

Supreme Court, Appellate Term, Second Department.

June 13, 2012.

Attorney(s) appearing for the Case

Francis D. Phillips, II , Goshen (Robert H. Middlemiss of counsel), for appellant. Matthew D. Witherow , Port Jervis, for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, on the law, defendant's motion to suppress statements and physical evidence is denied, and the matter is remitted to the Justice Court for all further proceedings.

Following his arrest for driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3]) and failing to keep right (Vehicle and Traffic Law § 1120 [a]), defendant moved to suppress incriminating statements...

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