PEOPLE v. ANDERSON

103704.

89 A.D.3d 1161 (2011)

932 N.Y.S.2d 561

2011 NY Slip Op 7759

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH L. ANDERSON, Appellant.

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

Decided November 3, 2011.


SPAIN, J.

In 2009, in the City of Cohoes, Albany County, defendant was stopped by police officers who had observed him driving down the center of a two-lane street. Defendant refused a field sobriety test and, based on his unsteady gait, appearance and the smell of alcohol on his breath, the officers arrested him. At the police station, after he was notified that a refusal to consent to a chemical test of his blood alcohol or drug content could be used as evidence...

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