Appellate Division of the Supreme Court of New York, 2000

People v. D'Augustino

Appellate Division of the Supreme Court of New York · Decided May 10, 2000

272 A.D.2d 914; 708 N.Y.S.2d 777; 2000 N.Y. App. Div. LEXIS 5251

Cases that cite this one

5 later published cases cite this decision.

Otero v. Town of Southampton (District Court, E.D. New York 2002)
BIRO, LASZLO, PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
People v. Biro (Appellate Division of the Supreme Court of New York 2011)
People v. Chelenza (Appellate Division of the Supreme Court of New York 2003)
People v. Welch (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Judgment unanimously affirmed. Memorandum: County Court properly denied defendant’s suppression motion following a hearing. The court’s findings are afforded great weight (see, People v Earley, 244 AD2d 769, 770) and are supported by the record (see, People v Mena-Cross, 210 AD2d 745, 746, lv denied 86 NY2d 798; People v Greenberg, 187 AD2d 528, 529, lv denied 81 NY2d 971). Contrary to the contention of defendant, his *915physical appearance and admitted drinking, together with his inability to pass sobriety tests, provided the arresting officer with probable cause to arrest him for driving while intoxicated (see, People v Schmitt, 262 AD2d 588, Iv denied 94 NY2d 829; People v Tittensor, 244 AD2d 784, 784-785; People v Schroeder, 229 AD2d 917). (Appeal from Judgment of Ontario County Court, Harvey, J. — Felony Driving While Intoxicated.) Present — Green, J. P., Wisner, Hurlbutt and Balio, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.