People v. Aldrich-O'Shea

OPINION OF THE COURT

Memorandum.

Order unanimously modified on the law by vacating the provisions thereof dismissing the accusatory instrument, suppressing defendant’s statements and determining that defendant’s arrest was without probable cause, accusatory instrument reinstated and matter remanded to the court below for a determination de novo of the branch of defendant’s motion seeking to suppress evidence; as so modified, affirmed.

In this action charging defendant with driving while intoxicated (Vehicle and Traffic Law § 1192 [2]), the People, who filed no CPL 450.50 certification, appeal…