X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

  Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Stephen Antignani, J.), rendered October 28, 2016, convicting her, upon a plea of guilty, of driving while intoxicated, and imposing sentence. PER CURIAM Judgment of conviction (Stephen Antignani, J.), rendered October 28, 2016, affirmed. The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v. Prochilo, 41 NY2d 759, 761 [1977]). The credited police testimony satisfied the elements of a valid vehicle checkpoint stop. The testimony established that the primary purpose of the checkpoint was roadway safety and enforcement of vehicular laws and regulations (see City of Indianapolis v. Edmond, 531 US 32, 41 [2000]), that the degree of intrusion on drivers’ liberty and privacy interests was minimal (see People v. Scott, 63 NY2d 518, 526-527 [1984]), and that the procedure followed, namely stopping every third vehicle and those with identifiable equipment violations, was “uniform and not gratuitous or subject to individually discriminatory selection” (People v. Dugan, 57 AD3d 300 [2008], lv denied 11 NY3d 924 [2009], quoting People v. Serrano, 233 AD2d 170, 171 [1996], lv denied 89 NY2d 929 [1996]; People v. Burton, 8 AD3d 187, 188 [2004], lv denied 3 NY3d 671 [2004]). Probable cause for defendant’s arrest was established by the arresting officers’ testimony that when the vehicle was stopped at the checkpoint, defendant exhibited classic signs of intoxication, such as having watery, bloodshot eyes, a flushed face and the strong odor of alcohol on her breath (see People v. Johnson, 140 AD3d 978, 979 [2016], lv denied 28 NY3d 931 [2016]; People v. Thomas, 68 AD3d 482, 483 [2009], lv denied 14 NY3d 806 [2010]). Since the testimony established that, at a minimum, the police had reasonable suspicion (see People v. De Bour, 40 NY2d 210 [1976]) that defendant had been operating a motor vehicle while under the influence of alcohol, there was a proper basis for the police to detain her to administer the portable breath test (see Vehicle and Traffic Law §1194[2][a][1]; People v. Gonsalez, 144 AD3d 841 [2016], lv denied 28 NY3d 1184 [2017]; People v. Tieman, 112 AD3d 975, 976 [2013], lv denied 23 NY3d 1043 [2014]). Contrary to defendant’s contention, regardless of whether the People properly authenticated the calibration results, “[t]he reliability of the [breathalyzer] test results was an issue for trial and was not a proper issue for the suppression hearing” (People v. Ayala, 87 AD3d 926 [2011], lv denied 17 NY3d 951 [2011]). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. Dated: November 20, 2019

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›