Smith v. Commissioner of Motor Vehicles

— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Commissioner of Motor Vehicles which revoked petitioner’s driver’s license. 11 Petitioner contends that the arresting officer lacked probable cause to stop the vehicle which he was operating on the evening of February 1, 1981 and that the police thereafter failed to comply with the requirements of section 1194 of the Vehicle and Traffic Law applicable to chemical tests. He further contends that he was prejudiced by the…