People v. D'Augustino
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: County Court properly denied defendant’s suppression motion following a hearing. The court’s findings are afforded great weight (see, People v Earley, 244 AD2d 769, 770) and are supported by the record (see, People v Mena-Cross, 210 AD2d 745, 746, lv denied 86 NY2d 798; People v Greenberg, 187 AD2d 528, 529, lv denied 81 NY2d 971). Contrary to the contention of defendant, his *915physical appearance and admitted drinking, together with his inability to pass sobriety tests, provided the arresting officer with probable cause to arrest him for driving…
2Cases cited6 opinions
- People v. SchroederAppellate Division of the Supreme Court of the State of New York · 1996
- People v. Mena-CossAppellate Division of the Supreme Court of the State of New York · 1994
- People v. FarleyAppellate Division of the Supreme Court of the State of New York · 1997
- People v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1992
- People v. TittensorAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by5 opinions
- Otero v. Town of SouthamptonDistrict Court, E.D. New York · 2002
- People v. BiroAppellate Division of the Supreme Court of the State of New York · 2011
- People v. ChelenzaAppellate Division of the Supreme Court of the State of New York · 2003
- People v. WelchAppellate Division of the Supreme Court of the State of New York · 2001
- BIRO, LASZLO, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011