| People v Gerdine (Jaime) |
| 2011 NY Slip Op 52103(U) [33 Misc 3d 139(A)] |
| Decided on November 22, 2011 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court of the City of New York, New
York County (Larry R.C. Stephen, J.), rendered July 9, 2009, after a jury trial, convicting him of
driving while intoxicated, and imposing sentence.
Per Curiam.
Judgment of conviction (Larry R.C. Stephen, J.), rendered July 9, 2009, affirmed.
Even assuming, without deciding, that the trial court erred in admitting the challenged
evidence, any error was harmless beyond a reasonable doubt in view of the overwhelming
evidence of defendant's guilt (People v Crimmins, 36 NY2d 230, 241-242 [1975]),
including, inter alia, the observations of the arresting officer, defendant's admission of drinking at
a nearby bar, and the properly-administered breathalyzer test results indicating that his blood
alcohol content was more than twice the legal limit (see Vehicle & Traffic Law §
1192[2]; People v Litto, 8 NY3d 692, 706 [2007]; People v Mojica, 62 AD3d 100, 110-111 [2009], lv denied
12 NY2d 856 [2009]).