People v. Dimiceli

OPINION OF THE COURT

Memorandum.

Ordered that the judgments of conviction are reversed, as a matter of discretion in the interest of justice, and the matter is remitted to the District Court for a new trial.

Defendant was convicted of driving while ability impaired by drugs (Vehicle and Traffic Law § 1192 [4]) and resisting arrest (Penal Law § 205.30). The charges stemmed from an incident that took place on April 20, 2005, in which two police officers saw the vehicle that defendant was driving swerve (and, according to them, weave), and performed a traffic stop. There was police testimony at…