Defendant has moved to dismiss the information on the grounds that the current charge of possession of a controlled substance in the 6th degree should have been joined under CPL Section 200.20 with an earlier charge for DWI driving while intoxicated which the defendant pled guilty to in March 1974.
A Suffolk County Criminal attorney said that the charge of driving while intoxicated and the current charge are allegedly related because the controlled substance was seized at the same time as the defendant was apprehended for driving while intoxicated. The defendant also argues that the Court, in its discretion, should dismiss the information pursuant to CPL Section 170.40 on the grounds that the circumstances surrounding the prosecution on this charge require a dismissal in the interests of justice.
Although the defendant pled guilty to the charge of driving while intoxicated he was not arrested for drug possession until April 1974. Defendant argues that the usual procedure of the Suffolk County Police Department was not followed in this case and that he has unnecessarily been subjected to two separate arrests, two separate searches, and two separate arraignments and processing procedures.