PEOPLE v. SCHMITT

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the defendant's inability to pass two sobriety tests, together with his physical appearance, slurred speech, and odor of alcohol, provided the arresting officer with probable cause to arrest the defendant for driving while intoxicated ( see, People v. Schroeder, 229 A.D.2d 917).

The defendant's remaining contention is without merit.