People v. McCann

Criminal Practice

New York Law Journal

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Judge Steven Lotto

McCann was charged with driving while intoxicated. An officer observed a man on the side of a road one mile from a reported accident scene, concluding he was "involved with the vehicle." The officer also observed the vehicle had extensive damage and collided into a parked car, seeing McCann standing close to the vehicle "yelling and screaming." Because she was complaining of an injury, McCann was taken to the hospital, and subsequently stated, "I didn't mean to hit the person" that was not in response to any question posed by the officer. She was arrested and consented to a chemical test, which determined her blood alcohol level was .24. The court concluded the officer had probable cause to arrest McCann, finding the facts known to him, and his observations on the scene rendered it reasonably likely that McCann committed the offense of driving while intoxicated. McCann argued the Alcohol/Drug Influence Reportwas not attached to the Criminal Procedure Law §710.30 notice, rendering all responses subject to preclusion. The court disagreed, finding McCann had the ability to litigate the admissibility of the report at the Huntley hearing, ruling §710.30 preclusion was unwarranted. Thus, suppression was denied.

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