People v. James

*624OPINION OF THE COURT

Joseph A. Zayas, J.

The defendant is charged with two counts of driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (2) and (3) and one count of failure to signal a turn in violation of Vehicle and Traffic Law § 1163 (a). A hearing was held on defendant’s motion to suppress all of the evidence that flowed from the police officer’s initial stop and approach of the defendant’s vehicle.

Inasmuch as the stop of defendant’s vehicle was based upon defendant’s alleged failure to signal prior to a lane change, defendant’s motion requires this court to decide…