PEOPLE v. LANGHORNE

2016-2281 SCR.

59 Misc.3d 47 (2018)

74 N.Y.S.3d 685

2018 NY Slip Op 28107

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER LANGHORNE, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided April 5, 2018.


Attorney(s) appearing for the Case

Ciarelli & Dempsey, P.C. ( John L. Ciarelli of counsel) for appellant.

Timothy D. Sini , District Attorney ( Lauren Tan of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, on the law, and the accusatory instrument is dismissed.

Defendant was charged with, among other things, driving while intoxicated per se (Vehicle and Traffic Law § 1192 [2]) and ultimately pleaded guilty to that offense. The sole issue on this appeal is whether the police had probable cause to stop the vehicle that defendant was driving for defendant's failure...

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