PEOPLE v. SMITH


21 A.D.3d 587 (2005)

800 N.Y.S.2d 636

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID A. SMITH, Appellant.

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

August 4, 2005.


Rose, J.

Police officer Roberta Boyea stopped defendant after observing that he was operating a truck in excess of the speed limit. Upon approaching the truck, Boyea detected various signs that defendant had consumed alcoholic beverages, including glassy eyes, an odor of alcohol on his breath, impaired speech and impaired motor coordination. Defendant failed two field sobriety tests and declined to attempt two others, stating as to one that "I can't even do that sober...

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