Opinion
No. 570271/19
12-18-2023
The People of the State of New York, Respondent, v. Arnott St. John, Defendant-Appellant.
Unpublished Opinion
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Jeffrey M. Zimmerman, J.), rendered March 15, 2019, after a nonjury trial, convicting him of driving while impaired, and imposing sentence.
PRESENT: Hagler, P.J., Brigantti, Tisch, JJ.
PER CURIAM.
Judgment of conviction (Jeffrey M. Zimmerman, J.), rendered March 15, 2019, affirmed.
The court properly denied defendant's suppression motion. Defendant's contention that the arresting officer's testimony was "suspect" and unworthy of belief is unpreserved for appellate review since he did not raise this argument at the suppression hearing (see CPL 470.05[2]; People v Britton, 113 A.D.3d 1101, 1102 [2014], lv denied 22 N.Y.3d 1154 [2014]). We decline to review this claim in the interest of justice. As an alternative holding, we reject it on the merits. Since we do not find the officer's testimony to be manifestly untrue, contrary to common experience, self-contradictory, or tailored, we decline to disturb the court's conclusion that the testimony was credible (see People v Garland, 155 A.D.3d 527, 529 [2017], affd 32 N.Y.3d 1094 [2018], cert denied __US__, 140 S.Ct. 2525 [2020]; People v Sanchez, 248 A.D.2d 306, 307 [1998], lv denied 92 N.Y.2d 928, 930 [1998]). The officer's observation of a traffic infraction and erratic driving, including defendant swerving into the lane of oncoming traffic while making a wide turn, provided probable cause for the stop of defendant's vehicle (see People v Hinshaw, 35 N.Y.3d 427 [2020]; People v Sullivan, 160 A.D.2d 824 [1990]).