People v. Gill

OPINION OF THE COURT

Memorandum.

Ordered that the order is reversed, on the law, defendant’s motion to suppress statements and physical evidence is denied, and the matter is remitted to the Justice Court for all further proceedings.

Following his arrest for driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3]) and failing to keep right (Vehicle and Traffic Law § 1120 [a]), defendant moved to suppress incriminating statements and the results of a chemical test of his blood alcohol content. At a probable cause hearing, the arresting officer testified that he had observed defendant’s…