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People v. Zernitsky

Allegations in Instrument, Provide Reasonable Cause Defendant Operated Car Under Influence

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MEMORANDUM

*1  The defendant’s omnibus motion for pre-trial relief is decided as follows: MOTION TO DISMISS – FACIAL INSUFFICIENCY:Defendant is charged in the misdemeanor information with three separate counts of operating a motor vehicle while under the influence of alcohol [VTL §1192(3), VTL §1192(2) and VTL§1192(1)]. The misdemeanor information reads, in pertinent part, that on or about August 25, 2017 at approximately 7:00 p.m. at the southwest corner of Hudson Parkway and West 246th Street in the county of the Bronx, P. O. Adrian Prodan of HWY 01 observed:“Defendant operating a 2014 Nissan, NJ plate Z61FKT, in that defendant was seated behind the steering wheel in the driver’s seat and said vehicle was stopped in an active lane of traffic on a public street with its right blinker on. Deponent observed said vehicle to be a push start and observed the push start key to be in the center console next to the defendant. Deponent further observed defendant to be reclined and sleeping in the driver’s seat. Deponent states that he observed defendant to have watery eyes, slightly slurred speech, and a strong odor of alcoholic beverage on his breath. Deponent further states that he was present at the administration of a chemical test analysis of defendant’s breath and the defendant’s blood alcohol content as displayed on the breath analysis machine was.17 of one per centum by weight. Deponent further states the defendant stated in sum and substance: I’M GOING HOME. I HAD TWO BEERS. I HAD FIVE BEERS IN HUDSON TERRACE. IS THERE ANYTHING I CAN DO. CAN I JUST PAY A BIG FINE INSTEAD OF GETTING ARRESTED.”

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