Opinion
May 14, 1992
Appeal from the Supreme Court, Ulster County.
Petitioner's driver's license was revoked following his failure to submit to a chemical test (see, Vehicle and Traffic Law § 1194 [b]). We initially find that the evidence supports the conclusion that the Deputy Sheriff had reasonable grounds to approach petitioner's vehicle and investigate as it was parked in a public intersection in violation of Vehicle and Traffic Law § 1202 (a) (1) (c) (see, e.g., Matter of Viger v. Passidomo, 65 N.Y.2d 705, 707). The Deputy Sheriff then noticed a strong odor of alcohol on petitioner's breath and a large number of empty beer cans in petitioner's truck. Based on this evidence, including petitioner's admission that he was parked where he was to drop off his friend, we find that a reasonable inference could be drawn that petitioner had been driving while intoxicated (see, People v. Saplin, 122 A.D.2d 498, lv denied 68 N.Y.2d 817; Medico v. State of New York, Dept. of Motor Vehicles, 111 A.D.2d 374). Petitioner's contentions to the contrary presented credibility questions within the sole province of respondent to resolve (see, Medico v. State of New York, Dept. of Motor Vehicles, supra; Matter of Dykeman v. Foschio, 90 A.D.2d 892, 893). Respondent's determination to revoke petitioner's license upon his refusal to submit to the chemical test is supported by substantial evidence and must be upheld (see, Matter of Shaw v Passidomo, 123 A.D.2d 768).
Weiss, P.J., Yesawich Jr., Crew III, Casey and Harvey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.