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People v. Torres

Supreme Court, Appellate Term, New York, First Department.
Feb 17, 2022
74 Misc. 3d 129 (N.Y. App. Term 2022)

Opinion

570032/18

02-17-2022

The PEOPLE of the State of New York, Respondent, v. Junior TORRES, Defendant-Appellant.


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] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

All concur.


Summaries of

People v. Torres

Supreme Court, Appellate Term, New York, First Department.
Feb 17, 2022
74 Misc. 3d 129 (N.Y. App. Term 2022)
Case details for

People v. Torres

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Junior TORRES…

Court:Supreme Court, Appellate Term, New York, First Department.

Date published: Feb 17, 2022

Citations

74 Misc. 3d 129 (N.Y. App. Term 2022)
160 N.Y.S.3d 529