People v. Valicenti

OPINION OF THE COURT

Richard A. LaPera, J.

Defendant is charged with a violation of Vehicle and Traffic Law § 1192 (2), operating a motor vehicle with .17% alcohol in blood (misdemeanor). Defendant moved to suppress the results of the chemical test. A hearing with respect to the circum*479stances surrounding defendant’s arrest and the administration of the breathalyzer test was conducted before this court on January 30 and February 23, 1990. Based upon the credible testimony and memoranda submitted by both parties, this court concludes that the People had probable cause to make the initial arrest…