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Legal Opinion

People v. Polito

Rochester City Court

Decided April 15, 1985PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Herman J. Walz, J.

Defendant is charged with driving while intoxicated. He was arrested after having been involved in an automobile accident. The information, sworn to by the arresting officer, states his personal observations as to intoxication. That defendant operated a vehicle is shown only by defendant’s admission to the officer.

Defendant moves to dismiss the information, since there are no nonhearsay allegations of an essential element of the crime, that defendant operated the vehicle. (CPL 100.40 [1] [c].) Defendant cites People v Flushing Hosp. & Med. Center (122…

2Cases cited6 opinions

  1. People v. ConoscentiNew York District Court · 1975
  2. People v. Flushing Hospital & Medical CenterCriminal Court of the City of New York · 1983
  3. People v. FieldsNassau County District Court · 1973
  4. People v. JeffriesNew York Court of Appeals · 1967
  5. People v. HaskinsCriminal Court of the City of New York · 1981

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. AlvarezCriminal Court of the City of New York · 1988
  2. People v. SmithJustice Court of Town of Perinton · 1994
  3. People v. CaraballoCriminal Court of the City of New York · 1987
  4. People v. McKinneyCriminal Court of the City of New York · 1989
  5. People v. SmithCriminal Court of the City of New York · 1988

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