PEOPLE v. SYLVESTRE

2016-02654. Ind. No. 1441/14.

178 A.D.3d 863 (2019)

116 N.Y.S.3d 98

2019 NY Slip Op 08877

The People of the State of New York, Respondent, v. Rosebert Sylvestre, Appellant.

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

Decided December 11, 2019.


Attorney(s) appearing for the Case

Jillian S. Harrington , Staten Island, NY, for appellant.

Madeline Singas , District Attorney, Mineola, NY ( Kevin C. King and William H. LaGrange of counsel), for respondent.

Balkin, J.P., Cohen, Miller and Duffy, JJ., concur.


Ordered that the judgment is affirmed.

The defendant was stopped by New York State Troopers after the vehicle he was driving was observed traveling at a speed of approximately 90 miles per hour on the Northern State Parkway. Upon approaching the defendant's vehicle, one of the Troopers smelled the strong odor of alcohol, and observed that the defendant had red, bloodshot eyes and his speech was slurred. When asked by the Trooper if he had been drinking, the defendant...

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