People v. McCarthy

— Order unanimously reversed on the law and facts, motion denied and indictment reinstated. Memorandum: After a hearing, County Court dismissed the indictment charging defendant with driving while intoxicated. The court wrote that the arresting officer stopped defendant’s car for an equipment violation at 3:00 a.m. and, other than that, there was no evidence of any moving violation. Without making any other findings, the court concluded, "On these facts we find there was no probable cause to require the defendant to exit his vehicle, retire to the back of the police vehicle and submit to a…