People v. Wallgren
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcCarthy, J.
Appeal from an order of the County Court of Sullivan County (LaBuda, J.), entered August 16, 2011, which granted defendant’s motion to suppress evidence and dismissed the indictment.
Two police officers employed by the New York City Department of Environmental Protection observed defendant’s vehicle moving slowly, stopping and starting, before it stopped on the side of the road in a dark, rural area. The officers pulled up behind the vehicle, activated their lights and approached defendant’s vehicle. They testified that, as soon as defendant greeted them, they detected an odor of alcohol and…
2Cases cited24 opinions
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