Appeal from judgments of the District Court of Nassau County, First District (Erica L. Prager, J.), rendered July 29, 2005. The judgments convicted defendant, upon jury verdicts, of driving while intoxicated per se, driving while intoxicated, driving below minimum speed regulations and operating a vehicle without being restrained by a safety belt.

Judgments of conviction affirmed.

With respect to the convictions of driving while intoxicated per se (Vehicle and Traffic Law § 1192 [2]) and driving while intoxicated (Vehicle and Traffic Law § 1192 [3]), viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdicts of guilt were not against theweight of the evidence (CPL 470.15 [5]). The sole issue raised on appeal is whether the People established that defendant was operating a vehicle within the meaning of said sections. The evidence adduced at trial established that defendant was found seated upright in the driver's seat of a motor vehicle and appeared to be asleep. The vehicle was parked on the roadway and its engine was running. Based upon the foregoing and defendant's statements to the arresting officer that he usually does not drink and drive and that he just stopped to "sleep it off," the evidence was sufficient to establish guilt without the need for proof that he was observed actually driving the subject vehicle (People v Blake, 5 NY2d 118 [1958]; People v Cunningham, 274 AD2d 484 [*2][2000]; People v Moore, 196 Misc 2d 120 [App Term, 9th and 10th Jud Dists 2002]).

We note that defendant raises no issue on appeal with respect to the convictions for driving below minimum speed (Vehicle and Traffic Law § 1181 [a]) and operating a vehicle without being restrained by a safety belt (Vehicle and Traffic Law § 1229-c [3]).

McCabe, J.P., Tanenbaum and Lippman, JJ., concur.