Legal Opinion

People v. Martinez

Nassau County District Court

Decided January 26, 2011Published

1Opinion of the Court

OPINION OF THE COURT

Andrew M. Engel, J.

The defendant is charged with driving while intoxicated, impeding traffic and operating a motor vehicle with excessively tinted windows, in violation of Vehicle and Traffic Law § 1192 (2), § 1181 (a) and § 375 (12-a) (b) (2), respectively.

On January 19, 2011, a Huntley and Dunaway1 hearing was held, pursuant to a stipulation of the parties, to determine whether the defendant’s alleged statement was involuntarily made within the meaning of CPL 60.45, and whether there was probable cause or a reasonable suspicion to stop the defendant’s vehicle.

At a…

2Cases cited26 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Whren v. United StatesSupreme Court of the United States · 1996
  3. Dunaway v. New YorkSupreme Court of the United States · 1979
  4. People v. HuntleyNew York Court of Appeals · 1965
  5. People v. CantorNew York Court of Appeals · 1975

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