People v. Ferguson

OPINION OF THE COURT

Jeffrey Russell Werner, J.

Defendant, by counsel, moves to dismiss the accusatory instruments or, in the alternative, for a probable cause hearing. The People oppose dismissal and consent to a probable cause hearing.

The facts upon which the motion to dismiss are based are undisputed. On December 12, 1993, defendant was stopped, arrested and charged with four violations of the Vehicle and Traffic Law as part of the same incident: Vehicle and Traffic Law § 1140, failing to yield right of way; Vehicle and Traffic Law § 1160 (b), improper left turn; Vehicle and Traffic Law §…