People v. Le Beau

— Order unanimously reversed on the law, motion denied, and count one of the indictment reinstated. Memorandum: The People contend that the trial court erred in dismissing for lack of probable cause defendant’s indictment for operating a motor vehicle while under the influence of alcohol or drugs (Vehicle and Traffic Law § 1192 [3]). We agree.

Rochester Police Sergeant Danley observed defendant operate his vehicle erratically by weaving back and forth across both lanes of traffic. Defendant’s tire blew out but he continued to drive on the rim. Additionally, after entering a parking lot the…