PEOPLE v. SCHMITT (1999)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Thomas SCHMITT, appellant.

Decided: June 21, 1999

GUY JAMES MANGANO, P.J., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN and LEO F. McGINITY, JJ.

William R. Weiselberg, Centereach, N.Y., for appellant. James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered January 10, 1997, convicting him of driving while intoxicated, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the defendant's inability to pass two sobriety tests, together with his physical appearance, slurred speech, and odor of alcohol, provided the arresting officer with probable cause to arrest the defendant for driving while intoxicated (see, People v. Schroeder, 229 A.D.2d 917, 645 N.Y.S.2d 217).

The defendant's remaining contention is without merit.

MEMORANDUM BY THE COURT.

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