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Legal Opinion

People v. Dongarra

New York County Courts

Decided March 24, 2009Published

1Opinion of the Court

*470OPINION OF THE COURT

John T. Ward, J.

The People have appealed an order of the Jamestown City Court which suppressed evidence related to defendant’s charges of driving while intoxicated (DWI) and DWI per se (People v Dongarra, 21 Misc 3d 719 [2008]). The People have also filed in accordance with CPL 450.50 a certification to the effect that the lower court’s ruling has weakened their case to the point where they are unable to prosecute the matter with any degree of legal sufficiency.

By decision dated October 2, 2008, the court suppressed the results of defendant’s chemical test results of .13%…

2Cases cited7 opinions

  1. People v. ScottNew York Court of Appeals · 1984
  2. People v. SerranoAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. SinzheimerAppellate Division of the Supreme Court of the State of New York · 2005
  4. People v. DuganAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. DrummAppellate Division of the Supreme Court of the State of New York · 2005

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