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People v. Smith

Officers' Personal Observations of Sleeping, Intoxicated Driver Denied Suppression

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DECISION AND ORDER

*1  The defendant, James Smith, is charged with driving while intoxicated (VTL §1192[3]), and other charges. On February 14 and February 15, 2018, a Dunaway, Mapp, Huntley, and Johnson hearing was held before this court. Police Officers Charles Feldman and Allison Timothy testified for the People. Based on their credible testimony, the court makes the following findings of fact and law.Findings of FactPolice Officer Charles FeldmanOn June 17, 2017, Officer Feldman and his partner, Lieutenant Moreno, were on uniformed patrol in a marked police vehicle between the hours of 11:15pm, and 7:50am. At approximately, 5:00am, they drove their marked police vehicle to the intersection of Beach 116th Street and Beach Channel Drive, in

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