Opinion
Submitted May 17, 1999
June 21, 1999
Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered January 10, 1997, convicting him of driving while intoxicated, upon a jury verdict, and imposing sentence.
William R. Weiselberg, Centereach, N.Y., for appellant.
James M. Catterson, Jr., District Attorney, Riverhead, N Y (Glenn Green of counsel), for respondent.
GUY JAMES MANGANO, P.J., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the defendant's inability to pass two sobriety tests, together with his physical appearance, slurred speech, and odor of alcohol, provided the arresting officer with probable cause to arrest the defendant for driving while intoxicated ( see, People v. Schroeder, 229 A.D.2d 917).
The defendant's remaining contention is without merit.