PEOPLE v. POPKO

2016-656 NCR.

58 Misc.3d 1 (2017)

65 N.Y.S.3d 626

2017 NY Slip Op 27345

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BRUCE POPKO, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided October 19, 2017.


Attorney(s) appearing for the Case

Madeline Singas , District Attorney ( Yael V. Levy and Jacqueline Rosenblum of counsel), for appellant.

Joseph Carbone Jr. for respondent.

GARGUILO, J.P., TOLBERT and RUDERMAN, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, on the law, and the matter is remitted to the District Court for a new determination of defendant's motion to suppress evidence, following a hearing.

On November 5, 2014, the People charged defendant, in simplified traffic informations, with driving while intoxicated (common law) (Vehicle and Traffic Law § 1192 [3]) and operating...

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