PEOPLE v. AUGUSTINO (2000)

 County Court properly denied defendant's suppression motion following a hearing.   The court's findings are afforded great weight (see, People v. Earley, 244 A.D.2d 769, 770, 666 N.Y.S.2d 223) and are supported by the record (see, People v. Mena-Coss, 210 A.D.2d 745, 746, 620 N.Y.S.2d 547, lv. denied 86 N.Y.2d 798, 632 N.Y.S.2d 511, 656 N.E.2d 610;  People v. Greenberg, 187 A.D.2d 528, 529, 589 N.Y.S.2d 597, lv. denied 81 N.Y.2d 971, 598 N.Y.S.2d 772, 615 N.E.2d 229).   Contrary to the contention of defendant, his physical appearance and admitted drinking, together with his inability to pass sobriety tests, provided the arresting officer with probable cause to arrest him for driving while intoxicated (see, People v. Schmitt, 262 A.D.2d 588, 692 N.Y.S.2d 656, lv. denied 94 N.Y.2d 829, 702 N.Y.S.2d 599, 724 N.E.2d 391;  People v. Tittensor, 244 A.D.2d 784, 784-785, 666 N.Y.S.2d 267;  People v. Schroeder, 229 A.D.2d 917, 645 N.Y.S.2d 217).

Judgment unanimously affirmed.

MEMORANDUM: