People v. Creer

OPINION OF THE COURT

Order, dated August 9, 2009, reversed, on the law and facts, the motion denied and the matter remanded for further proceedings.

Probable cause for defendant’s arrest was established by the arresting officer’s observations of defendant, who exhibited the “classic signs of intoxication” (People v Curkendall, 12 AD3d 710, 713 [2004], lv denied 4 NY3d 743 [2004]) — defendant had bloodshot, watery eyes, alcohol on his breath, and an unsteady gait (see People v Moskal, 262 AD2d 986 [1999]). Furthermore, the officer testified that defendant, prior to his arrest, admitted that he…