People v McGuire (Michael)

[*1] People v McGuire (Michael) 2007 NY Slip Op 51875(U) [17 Misc 3d 127(A)] Decided on October 4, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 4, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McCooe, J.P., Schoenfeld, Heitler, JJ
570013/07

The People of the State of New York, Respondent,

against

Michael McGuire, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal

Court of the City of New York, New York County (Tanya Kennedy, J.), rendered September 8, 2006, after a jury trial, convicting him of one count of operating a motor vehicle while impaired and two counts of operating a motor vehicle while under the influence of alcohol or drugs, and imposing sentence.
PER CURIAM:

Judgmentof conviction (Tanya Kennedy, J.) rendered September 8, 2006, affirmed.

Defendant's suppression motion was properly denied. 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 established that the sobriety checkpoint at which defendant's vehicle was stopped was conducted "in a uniform, nonarbitrary and nondiscriminatory manner" (People v John BB, 56 NY2d 482, 485 [1982]) and thus met constitutional standards. The absence of confirmatory testimony from the screening officer who initially observed defendant enter the checkpoint was not fatal to the prosecution's case, particularly given the defendant's failure to advance any meaningful challenge to the uniformity of the police procedures used.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
Decision Date: October 4, 2007