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People v. Shroeder

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1996
229 A.D.2d 918 (N.Y. App. Div. 1996)

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 People failed to prove probable cause for his arrest because no testimony was adduced at the probable cause hearing identifying him as the operator of the vehicle. That issue is not preserved for our review because defendant never denied his status as the operator of the vehicle before the suppression court ( see, People v. Martin, 50 N.Y.2d 1029, 1031; People v. Curtis, 186 A.D.2d 994). In any event, that contention is belied by the record, which establishes that the arresting officer identified defendant as the operator of the vehicle that he stopped for Vehicle and Traffic Law violations.


Summaries of

People v. Shroeder

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1996
229 A.D.2d 918 (N.Y. App. Div. 1996)
Case details for

People v. Shroeder

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES SHROEDER…

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

Date published: Jul 12, 1996

Citations

229 A.D.2d 918 (N.Y. App. Div. 1996)
646 N.Y.S.2d 488