People v. Phraner

OPINION OF THE COURT

Joel L. Lefkowitz, J.

The defendant is charged with driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3]) and has moved to suppress the results of a chemical test of his breath. A pretrial hearing was held to determine whether there existed probable cause for the defendant’s arrest and whether, in the circum*962stances of the within case, the results of the chemical test are admissible herein.

Patrolman Thomas Kenneally testified on direct examination that he was operating a patrol car on April 29, 1989 at approximately 4:00 A.M., southbound on Laurel Road, Town of…