| People v Depinto |
| 2015 NY Slip Op 00388 [124 AD3d 677] |
| January 14, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Appellant, v Frank Depinto, Respondent. |
Madeline Singas, Acting District Attorney, Mineola, N.Y. (Yael V. Levy andChristopher M. Casa of counsel), for appellant.
Edelstein & Grossman, New York, N.Y. (Jonathan I. Edelstein of counsel), forrespondent.
Appeal by the People from an order of the Supreme Court, Nassau County (Peck, J.),dated April 10, 2014, which, after a hearing, pursuant to a stipulation in lieu of motions,suppressed physical evidence.
Ordered that the order is reversed, on the law, and the matter is remitted to theSupreme Court, Nassau County, for further proceedings on the indictment.
The Supreme Court erred in determining that the People failed to establish thatprobable cause supported the defendant's arrest for driving while intoxicated. Thetestimony of the arresting officer, which the Supreme Court credited, was sufficient todemonstrate that he had reasonable grounds to believe that the defendant was intoxicatedand had been operating his vehicle in that state (see People v Shaffer, 95 AD3d 1365, 1366 [2012]; People v Fenger, 68 AD3d1441, 1443 [2009]; Peoplev Gibeau, 55 AD3d 1303, 1304 [2008]; People v Schmitt, 262 AD2d588 [1999]). Accordingly, the Supreme Court should not have suppressed physicalevidence. Rivera, J.P., Skelos, Roman and Miller, JJ., concur.