People v. Depinto

Appeal by the People from an order of the Supreme Court, Nassau County (Peck, J.), dated April 10, 2014, which, after a hearing, pursuant to a stipulation in lieu of motions, suppressed physical evidence.

Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings on the indictment.

The Supreme Court erred in determining that the People failed to establish that probable cause supported the defendant’s arrest for driving while intoxicated. The testimony of the arresting officer, which the Supreme Court credited, was…