Legal Opinion

People v. Kester

New York Justice Court

Decided October 22, 1985PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

John J. Ark, J.

On April 8, 1985, at 2:25 A.M., Monroe County Sheriff’s Deputy Arnold Benningson observed the defendant’s vehicle changing lanes without signaling while traveling northbound on Route 15 in the Town of Brighton. The deputy pulled over and approached the defendant’s vehicle. From outside the defendant’s car the deputy noticed the defendant’s hands were trembling as he looked through his wallet for his driver’s license. The deputy smelled the strong odor of an alcoholic beverage on the defendant’s breath. The deputy observed the defendant swaying slightly as he…

2Cases cited5 opinions

  1. People v. MagriNew York Court of Appeals · 1958
  2. People v. DonaldsonAppellate Division of the Supreme Court of the State of New York · 1971
  3. People v. Drumm, New York County Courts1984
  4. People v. ShepherdJustice Court of Town of Brighton · 1983
  5. People v. MorrisNassau County District Court · 1970

3Cited by3 opinions

  1. State v. RolisonHawaii Intermediate Court of Appeals · 1987
  2. People v. SummaSuffolk County District Court · 1988
  3. People v. HolmesJustice Court of Town of Brighton · 1997

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