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People v. Ortiz

Criminal Court of the City of New York, Bronx County
Dec 6, 2004
6 Misc. 3d 1024 (N.Y. Crim. Ct. 2004)

Summary

In Ortiz, the defendant did not have marijuana in his possession, neither he nor his vehicle smelled of marijuana, he did not admit to having smoked marijuana at some time on the day in question, and he did not fail several sobriety tests for coordination.

Summary of this case from People v. Hill

Opinion

December 6, 2004.


Motor Vehicles — Operating Vehicle while Under Influence of Alcohol or Drugs — People failed to convert misdemeanor complaint alleging violation of VTL 1192 (4) within speedy trial time by failing to annex a laboratory report stating which drug defendant had ingested prior to operating motor vehicle. Crimes — Right to Speedy Trial.


Summaries of

People v. Ortiz

Criminal Court of the City of New York, Bronx County
Dec 6, 2004
6 Misc. 3d 1024 (N.Y. Crim. Ct. 2004)

In Ortiz, the defendant did not have marijuana in his possession, neither he nor his vehicle smelled of marijuana, he did not admit to having smoked marijuana at some time on the day in question, and he did not fail several sobriety tests for coordination.

Summary of this case from People v. Hill

In Ortiz, the court rejected the argument that the officer's observations, standing alone, were sufficient to provide reasonable cause to believe that the defendant was under the influence of a drug prohibited by Vehicle and Traffic Law § 1192 (4).

Summary of this case from People v. Rose
Case details for

People v. Ortiz

Case Details

Full title:PEOPLE v. ORTIZ (ROLANDO)

Court:Criminal Court of the City of New York, Bronx County

Date published: Dec 6, 2004

Citations

6 Misc. 3d 1024 (N.Y. Crim. Ct. 2004)
2004 N.Y. Slip Op. 51821

Citing Cases

People v. Hill

In contrast to cases where defendant is accused of possession, in many cases where the defendant is accused…

People v. Rose

However, this gap must be filled by legislative action and not by judicial fiat." ( Accord, People v.…