From Casetext: Smarter Legal Research

People v. D'Augustino

Appellate Division of the Supreme Court of New York, Fourth Department
May 10, 2000
272 A.D.2d 914 (N.Y. App. Div. 2000)

Opinion

May 10, 2000.

Appeal from Judgment of Ontario County Court, Harvey, J. — Felony Driving While Intoxicated.

Judgment unanimously affirmed.

PRESENT: GREEN, J. P., WISNER, HURLBUTT AND BALIO, JJ.


Memorandum:

County Court properly denied defendant's suppression motion following a hearing. The court's findings are afforded great weight ( see, People v. Earley, 244 A.D.2d 769, 770) and are supported by the record ( see, People v. Mena-Cross, 210 A.D.2d 745, 746, lv denied 86 N.Y.2d 798; People v. Greenberg, 187 A.D.2d 528, 529, lv denied 81 N.Y.2d 971). Contrary to the contention of defendant, his physical appearance and admitted drinking, together with his inability to pass sobriety tests, provided the arresting officer with probable cause to arrest him for driving while intoxicated ( see, People v. Schmitt, 262 A.D.2d 588, lv denied 94 N.Y.2d 829; People v. Tittensor, 244 A.D.2d 784, 784-785; People v. Schroeder, 229 A.D.2d 917).


Summaries of

People v. D'Augustino

Appellate Division of the Supreme Court of New York, Fourth Department
May 10, 2000
272 A.D.2d 914 (N.Y. App. Div. 2000)
Case details for

People v. D'Augustino

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. MICHAEL…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 10, 2000

Citations

272 A.D.2d 914 (N.Y. App. Div. 2000)
708 N.Y.S.2d 777

Citing Cases

People v. Welch

County Court properly denied defendant's suppression motion. Contrary to the contention of defendant, the…

People v. Kennedy

9. Thereafter, based upon Deputy Avard's initial observations, and defendant's inability to perform several…