Opinion
July 12, 1996
Appeal from the Ontario County Court, Henry, Jr., J.
Present — Green, J.P., Pine, Fallon, Callahan and Davis, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of aggravated unlicensed operation of a motor vehicle in the first degree and two counts of felony driving while intoxicated, defendant contends that the Deputy lacked reasonable suspicion to stop his vehicle and, consequently, lacked probable cause to arrest him. That contention lacks merit. A police officer is authorized to stop a motor vehicle on a public highway when the officer observes or reasonably suspects a violation of the Vehicle and Traffic Law ( see, People v. Lamanda, 205 A.D.2d 934, 935, lv denied 84 N.Y.2d 828; People v. May, 191 A.D.2d 1011, 1012, lv denied 81 N.Y.2d 1016; see also, People v. Ellis, 62 N.Y.2d 393, 396).
Here, the Deputy testified that he observed defendant's vehicle cross the center line after turning right onto County Road 41. He followed the vehicle and also observed it go off the shoulder of Route 332 after it made a wide left turn onto that roadway. Under the circumstances, we conclude that County Court properly determined that the Deputy entertained a reasonable suspicion that defendant violated the Vehicle and Traffic Law, thus justifying the stop of his vehicle. Thereafter, based upon his observations of defendant's physical appearance, defendant's slurred speech, the odor of alcohol on defendant's breath and defendant's inability to perform five field sobriety tests administered, the Deputy had probable cause to arrest defendant for operating a motor vehicle while in an intoxicated condition ( see, People v. May, supra).