Opinion
10078 Dkt. 30025/11
10-15-2019
The PEOPLE of the State of New York, Respondent, v. Joaquin MEJIA, Defendant-Appellant.
Justine M. Luongo, The Legal Aid Society, New York (Whitney A. Robinson of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Luis Morales of counsel), for respondent.
Justine M. Luongo, The Legal Aid Society, New York (Whitney A. Robinson of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Luis Morales of counsel), for respondent.
Sweeny, J.P., Tom, Mazzarelli, Oing, Singh, JJ.
The verdict convicting defendant of both driving while intoxicated per se ( Vehicle and Traffic Law § 1192[2] ) and common-law driving while intoxicated ( § 1192[3] ) was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). The evidence adduced at trial did not cast any doubt on the accuracy of defendant's breathalyzer test result, which showed a blood alcohol content of .16. In addition, there was police testimony about defendant's condition at the time of his arrest. There is no basis for disturbing the jury's credibility determinations, and its assessment of the extent to which a video recorded two hours after defendant's arrest reflected his condition at the time he was driving (see People v. Taylor, 104 A.D.3d 603, 961 N.Y.S.2d 166 [1st Dept. 2013], lv denied 21 N.Y.3d 947, 968 N.Y.S.2d 9, 990 N.E.2d 143 [2013] ).