People v. Carter

OPINION OF THE COURT

Howard M. Bergson, J.

The defendant was charged with operating a motor vehicle while under the influence of drugs in violation of Vehicle and *743Traffic Law § 1192 (4) and criminal possession of marijuana in violation of section 221.10 of the Penal Law. He has challenged the constitutionality of the roadside safety checkpoint that he encountered when he was arrested and seeks the suppression of all the evidence obtained as a result of his vehicle being stopped. The defendant claims, in part, that the checkpoint stop was not performed pursuant to a written plan or guidelines…