People v. Popko

OPINION OF THE COURT

Gerri Pickett, J.

Defendant’s motion to suppress his arrest is denied. The initial stop was lawful, and when the officer observed the classic signs of intoxication, probable cause existed for defendant’s arrest. Since defendant was given clear and unequivocal refusal warnings, evidence of his refusal is admissible at trial.

Procedural Background

On May 23, 2010, an information was filed against defendant, Denys Popko, accusing him of operating a motor vehicle while under the influence of alcohol, among other Vehicle and Traffic Law violations. The complaint alleges that on or…