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PEOPLE v. THOMAS

1686, 2654/06

68 A.D.3d 482 (2009)

2009 NY Slip Op 9078

888 N.Y.S.2d 888

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

Appellate Division of the Supreme Court of New York, First Department.

Decided December 8, 2009.

The court properly denied defendant's motion to suppress the results of a blood test. The test was not the product of an unlawful arrest, because the police had probable cause to believe defendant had driven while intoxicated, based on such factors as the odor of alcohol on his breath, his slurred speech, his uncooperative behavior, and the fact that he had evidently caused a very serious traffic accident. Under the circumstances...

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