| People v Torres (Junior) |
| 2022 NY Slip Op 50100(U) [74 Misc 3d 129(A)] |
| Decided on February 17, 2022 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Lyle E. Frank, J.), rendered December 12, 2017, after a nonjury trial, convicting him of driving while impaired by alcohol, and imposing sentence.
Per Curiam.
Judgment of conviction (Lyle E. Frank, J.), rendered December 12, 2017, affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court's determinations concerning credibility. The evidence established beyond a reasonable doubt that defendant's ability to drive was impaired by the consumption of alcohol (see Vehicle and Traffic Law § 1192[1]). The credited police testimony demonstrated that defendant was speeding at 95 miles per hour while exhibiting classic signs of intoxication, including bloodshot and watery eyes, slurred speech, a strong odor of alcohol on his breath, and was unsteady on his feet as he exited his vehicle (see People v Cruz, 48 NY2d 419, 426-427 [1979], appeal dismissed 446 US 901 [1980]). Contrary to defendant's contention, the People were not required to prove that he was driving erratically (see People v Fiumara, 116 AD3d 421 [2014], lv denied 23 NY3d 1036 [2014]).
All concur
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.