PEOPLE v. SCHMITT


262 A.D.2d 588 (1999)

692 N.Y.S.2d 656

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS SCHMITT, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 21, 1999.


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).

The defendant's remaining contention is...

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