From Casetext: Smarter Legal Research

People v. Schmitt

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 588 (N.Y. App. Div. 1999)

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.


Summaries of

People v. Schmitt

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 588 (N.Y. App. Div. 1999)
Case details for

People v. Schmitt

Case Details

Full title:THE PEOPLE, etc., respondent, v. THOMAS SCHMITT, appellant. (Ind. No…

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

Date published: Jun 21, 1999

Citations

262 A.D.2d 588 (N.Y. App. Div. 1999)
692 N.Y.S.2d 656

Citing Cases

People v. Tieman

The defendant admitted that he had consumed alcohol, and failed four out of five field sobriety tests. Based…

People v. Tieman

The defendant admitted that he had consumed alcohol, and failed four out of five field sobriety tests. Based…