Opinion
No. 12–P–934.
2013-03-6
COMMONWEALTH v. Ryan J. FARR.
By the Court (GRASSO, BROWN & GREEN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
Contrary to the defendant's contention, the evidence at trial was sufficient to support the defendant's conviction of operating under the influence of alcohol. Viewed in the light most favorable to the Commonwealth, the defendant's diminished capacity was amply established by his failure of field sobriety tests administered by the arresting officer. Moreover, the defendant registered a blood alcohol content of .14 on a breathalyzer test, well over the legal limit. The defendant's challenge to the credibility of Officer Malone is fundamentally misplaced, see, e.g., Commonwealth v. Pierce, 66 Mass.App.Ct. 283, 290 (2006), as is his suggestion that the jury should have assigned more weight to the testimony of his expert. See Commonwealth v. Husband, 82 Mass.App.Ct. 1, 10 (2012).
The defendant also exhibited numerous other attributes of intoxication, including slurred speech, glassy eyes, and the odor of alcohol.
Judgment affirmed.