Legal Opinion

People v. Miller

New York County Courts

Decided April 1, 2013Published

1Opinion of the Court

OPINION OF THE COURT

W. Patrick Falvey, J.

The amended decision and order of the Dundee Village Court dated December 3, 2012 is reversed on the law by vacating the provisions thereof dismissing the accusatory instruments, suppressing all evidence and determining defendant’s arrest was without probable cause. The accusatory instruments are reinstated and the matter is remanded to the Village Court for a determination of the branch of defendant’s motion seeking to suppress statements; determine the admissibility of the “field sobriety tests” and the officer’s conclusions following these tests.

The…

2Cases cited7 opinions

  1. People v. RobinsonNew York Court of Appeals · 2001
  2. People v. PealerNew York Court of Appeals · 2013
  3. People v. EstrellaAppellate Division of the Supreme Court of the State of New York · 2008
  4. Byer v. JacksonAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. LittlesAppellate Division of the Supreme Court of the State of New York · 1992

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