*1 Defendant, charged with Operating a Motor Vehicle while Intoxicated, VTL §1192(3), and Operating a Motor Vehicle while Ability Impaired by Alcohol, VTL §1192(1), moves to suppress his post-arrest statements, an eyewitness identification, and his refusal to take a chemical test, arguing that all of this evidence was the fruit of an unlawful arrest. See, generally, Dunaway v. New York, 442 U.S. 200, 218-19 (1979) (suppressing statement obtained as fruit of unlawful arrest).1 The Court concludes, however, that the arrest of the defendant was based on probable cause and that, accordingly, none of the challenged evidence was “fruit of the poisonous tree.” Wong Sun v. United States, 371 U.S. 471, 488 (1963). The motion to suppress is accordingly DENIED.I. FINDINGS OF FACTOn October 19, 2017, the Court conducted an evidentiary hearing on defendant’s motion. The People called two witnesses, Police Officer Robert Durante and his partner, Police Officer Earnest Hernandez. Officer Durante had been an officer for approximately three and one-half years, and this was his the first time he had made an arrest for driving while intoxicated. H. 5.2 Officer Hernandez had been on the force for five and one-half years, and had made 170 arrests, some “five or six” for drunk driving. H. 48-49. The Court, having carefully observed the officers’ demeanor on the witness stand, fully credits their testimony.The credible testimony establishes that, at approximately 7:00 p.m. on October 26, 2016, Officers Durante and Hernandez responded to a radio run indicating that a pedestrian had been struck by a vehicle in the vicinity of Pearl and Frankfort Streets, in New York County. H. 6-7; 50. That location proved to be an entrance ramp beneath the Brooklyn Bridge. H. 8; 50. The area was dark, although there was at least some street lighting. H. 25.The officers observed a late-model Ford S.U.V. — defendant does not dispute that he was the driver — stopped on the ramp, with its engine running and its hood dented. H. 10; 23. An elderly Asian woman was lying in the street in front of the defendant’s vehicle; she was bleeding from the back of her head and was being treated by emergency medical personnel. H. 8-9; 51. Durante could see that the woman was cut and scraped. H. 9.An eyewitness told Durante that she had seen the defendant’s S.U.V. strike the pedestrian, and had also seen the defendant “stumble” out of the vehicle. H. 9; 22. Hernandez
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