People v. Kmita

OPINION OF THE COURT

Martin Schoenfeld, J.

Defendant, Jacek Kmita, is charged with driving while intoxicated pursuant to section 1192 (2), (3) of the Vehicle and Traffic Law. The case is unique in that the initial confrontation between the police and defendant was not the result of a *64traffic infraction or erratic driving. Rather it was based upon a police officer’s observation that defendant, while driving his automobile, entered a public park after closing hours. A probable cause hearing pursuant to Dunaway v New York (442 US 200 [1979]) was conducted before a Judicial Hearing Officer who upon…