Defendant appeals from a judgment of the Criminal Court, Bronx County (Larry R. C. Stephen, J.), rendered November 18, 2003 after a nonjury trial, convicting her of operating a motor vehicle while intoxicated (Vehicle and Traffic Law § 1192[3]), and imposing sentence.

PER CURIAM:

Judgment of conviction (Larry R. C. Stephen, J.), rendered November 18, 2003, affirmed.

The guilty verdict on driving while intoxicated was not against the weight of the evidence. The testimony of the officers and the occupants of the other vehicle was credible as to the state of defendant's condition, and defendant's explanation as to her recollection of the accident was implausible. Witnesses testified that defendant's vehicle struck their parked car, and shortly thereafter a police officer observed her with bloodshot eyes and a "smell [of] alcohol emanating from her body." Defendant conceded that she had consumed wine earlier in the evening, and she refused to take a chemical intoxilyzer test. The trier of facts was in the best position to assess the credibility of the witnesses, and there is no reason to disturb its findings (See People v Garmari, 176 NY 84, 94 [1903}).

We have considered and rejected defendant's remaining argument.

This constitutes the decision and order of the Court.
Decision Date: December 01, 2005