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People v. Feinberg

Physical and Statement Evidence Seized Product of Illegal Stop, Granted Suppression

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DECISION AFTER HEARING

*1 The defendant Joel Feinberg is charged with two counts of Operating a Motor Vehicle While Under the Influence of Drugs in violation of §§1192[4] and 1192[4-a] of the Vehicle and Traffic Law. By Decision & Order dated October 25, 2017, the instant matter was set down for a hearing. On November 21, 2017 a hearing was held. The hearing addressed issues concerning the suppression of physical evidence seized from the defendant and oral statements made by the defendant. Appearing for the People was Theresa Cayton, Esq., Assistant District Attorney for the County of Orange. Appearing for the defendant was Andrew Greher, Esq. The People called one witness: New York State Trooper Lance Saraceno. Defendant called no witnesses.FINDINGS OF FACTOn March 26, 2017 at approximately 2:30 p.m., Trooper Lance Saraceno was on duty on Interstate 84 in the Town of Wallkill, Orange County, New York. Trooper Saraceno was stationary at a u-turn near mile postmarker 26 when he observed a 1999 Toyota being operated on Interstate 84. Trooper Saraceno’s attention was drawn to this vehicle because a call of erratic operation of a vehicle had been received and the vehicle matched the general description given. Trooper Saraceno activated his lights and effectuated a traffic stop near mile postmarker 24. Trooper Saraceno approached the vehicle and interviewed the driver and sole occupant of the vehicle. Trooper Saraceno learned the identity of the driver to be Joel Feinberg and identified the defendant in open court. Trooper Saraceno asked Mr. Feinberg if he had any medical emergencies and Mr. Feinberg advised that he did not. Trooper Saraceno then asked Mr. Feinberg if he had taken any medication that day and Mr. Feinberg stated that he took morphine

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