PEOPLE v. KEARNEY


14 A.D.3d 938 (2005)

787 N.Y.S.2d 913

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN KEARNEY, Appellant.

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

January 27, 2005.


Rose, J.

On August 19, 2002, at approximately 4:50 a.m., a police officer on routine patrol in the Town of Bethel, Sullivan County, observed defendant's vehicle operating without a right front turn signal/marker light. After stopping the vehicle and approaching the truck, the officer detected various signs that defendant had consumed alcoholic beverages, including bloodshot eyes and an odor of alcohol on his breath. Based upon his observations, defendant's failure...

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