Legal Opinion

People v. Brown

Criminal Court of the City of New York

Decided April 28, 2015Published

1Opinion of the Court

OPINION OF THE COURT

Armando Montano, J.

The People’s motion for an order pursuant to CPLR 2221 (d), for leave to reargue this court’s oral decision dated February 17, 2015, is granted. Upon reargument, this court adheres to its prior decision.

Defendant is charged with the misdemeanors of driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [2-a] [a]; [3]) and the traffic infraction of driving while ability impaired by alcohol (Vehicle and Traffic Law § 1192 [1]).

According to the accusatory instrument, on January 22, 2011 at approximately 3:12 a.m., Police Officer Jerome Bonser…

2Cases cited25 opinions

  1. Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
  2. Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
  3. People v. MertzNew York Court of Appeals · 1986
  4. Meltzer v. KoenigsbergNew York Court of Appeals · 1951
  5. Tompkins v. . HunterNew York Court of Appeals · 1896

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