Opinion
June 4, 1990
Appeal from the County Court, Rockland County (Howard Miller, J.).
Ordered that the judgment is affirmed.
The police stopped the defendant's vehicle when they observed him driving in an erratic manner. The defendant's bloodshot eyes, slurred speech, and the odor of alcohol on his breath gave them probable cause to arrest him for driving while intoxicated (see, People v. Blajeski, 125 A.D.2d 582).
Under the circumstances, the officers' observations and subsequent seizure of a bag of marihuana from the front seat, which was in their plain view from a lawful vantage point, was permissible (see, People v. Class, 63 N.Y.2d 491, 494). Moreover, the gun found under the front seat and the cocaine found in an unsecured container in the trunk were admissible as the result of an inventory search (see, People v. Gonzalez, 62 N.Y.2d 386; People v. Cammock, 144 A.D.2d 375).
We find that the defendant's sentence is neither unduly harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80, 85).
We have examined the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Rubin, Rosenblatt and Miller, JJ., concur.