Opinion
Submitted March 2, 2000.
April 13, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered September 29, 1998, convicting him of operating a motor vehicle while under the influence of alcohol (two counts), after a nonjury trial, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (William A. Loeb of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Florence M. Sullivan of counsel; Beata Sajdak-Jones on the brief), for respondent.
MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620 ), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see, People v. Mertz, 68 N.Y.2d 136, 146 ). Contrary to the defendant's contention, the evidence established that his breathalyzer test, which revealed a blood alcohol content in excess of the legal limit (see, Vehicle Traffic Law § 1192), was administered within two hours of his arrest (see, Vehicle Traffic Law § 1194[a][1]).