The People of the State of New York, Respondent, v. Shatima Turner, Defendant–Appellant. (2016)

Supreme Court, Appellate Division, First Department.

The People of the State of New York, Respondent, v. Shatima Turner, Defendant–Appellant.

1793

Decided: October 04, 2016

Tom, J.P., Sweeny, Andrias, Webber, Gesmer, JJ.

Seymour W. James, Jr., The Legal Aid Society, New York (Paul Wiener of Counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Lee M. Pollack of counsel), for respondent.

Judgment, Supreme Court, New York County (Patricia Nunez, J.) rendered January 24, 2013, convicting defendant, upon her plea of guilty, of driving while intoxicated, and sentencing her to a conditional discharge for a period of three years, with a $1000 fine and community service, unanimously affirmed.

The court properly denied defendant's suppression motion. Regardless of what predicate is required for the police to administer a portable breath test to a lawfully stopped motorist (see People v. Brockum, 88 A.D.2d 697 [3d Dept 1982] ), here defendant's pattern of behavior amply provided the police with probable cause to believe that she was intoxicated.

CLERK

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