Legal Opinion
People v. Lalka
Rochester City Court
Decided March 30, 1982PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
William H. Bristol, J.
Defendant Bohdan Lalka is charged with the misdemeanor of driving while intoxicated contrary to subdivision 3 of section 1192 of the Vehicle and Traffic Law. By this pretrial motion he seeks to have this charge dismissed in the interests of justice pursuant to CPL 170.40. He claims that the arresting police officer lacked reasonable cause to believe that the defendant had committed this crime and thus, the arrest being unlawful (see CPL 140.10), any evidence flowing from it should be suppressed and the charges dismissed.
Routinely, such applications…
2Cases cited16 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- People v. BerkowitzNew York Court of Appeals · 1980
- B. R. DeWitt, Inc. v. HallNew York Court of Appeals · 1967
- People v. Di StefanoNew York Court of Appeals · 1976
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. FritzSupreme Court of Connecticut · 1987
- State v. BishopNew Mexico Court of Appeals · 1992
- Cook v. StateDistrict Court of Appeal of Florida · 2005
- Janes v. StateCourt of Appeals of Maryland · 1998
- State v. BacoteSupreme Court of South Carolina · 1998
6 more not listed; retrieve them via the Exa API.