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PEOPLE v. CREER

570124/10.

31 Misc.3d 1 (2010)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. LARRY CREER, Respondent.

Supreme Court, Appellate Term, First Department.

December 30, 2010.

Attorney(s) appearing for the Case

Robert T. Johnson , District Attorney, ( Harold V. Ferguson, Jr. , of counsel), for appellant.

Legal Aid Society ( Stanley R. Kaplan , of counsel), for respondent.

McKEON, P.J., and SHULMAN, J., concur; SCHOENFELD, J., dissents in a separate opinion.

OPINION OF THE COURT

Per Curiam.

Order; dated August 9, 2009, reversed, on the law and facts, the motion denied and the matter remanded for further proceedings.

Probable cause for defendant's arrest was established by the arresting officer's observations of defendant, who exhibited the "classic signs of intoxication" (People v Curkendall, 12 A.D.3d 710

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