People v. Ottey

OPINION OF THE COURT

Ellen M. Yacknin, J.

Introduction

Defendant Robert Ottey is charged with the misdemeanors of driving while intoxicated under the common law and driving while intoxicated per se, and the traffic infraction of unsafe backing of a vehicle. He has moved to suppress the evidence purporting to demonstrate his intoxication on the ground that his arrest was made without reasonable suspicion or probable cause.*

With respect to defendant’s arrest, the People have the initial burden of producing evidence that the arrest was legal, but the defendant then has the burden of showing, by a…