People v. Coronado

Judgment, Supreme Court, Bronx County (Barbara F. Newman, J., at suppression hearing; Denis J. Boyle, J., at nonjury trial and sentencing), rendered October 11, 2011, convicting defendant of operating a motor vehicle while under the influence of alcohol, and sentencing him to a conditional discharge for a period of one year and a $300 fine, unanimously reversed, on the law, defendant’s suppression motion granted, and the accusatory instrument dismissed.

The court should have granted defendant’s suppression motion. Two police officers testified that they saw defendant sitting in the driver’s…