Opinion
December 26, 1991
Appeal from the Cattaraugus County Court, Kelly, J.
Present — Denman, P.J., Boomer, Pine, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the evidence at trial was insufficient to establish that he had been driving while intoxicated. At trial, four police officers testified that defendant had the odor of alcohol on his breath, had slurred speech and had difficulty walking. In addition, the arresting officer testified that defendant twice failed in attempting to recite the alphabet. That uncontroverted testimony was sufficient to establish that defendant was "incapable of employing the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver" (People v Cruz, 48 N.Y.2d 419, 428, appeal dismissed 446 U.S. 901; see, People v DeBlase, 142 A.D.2d 926 ; People v Ottomanelli, 107 A.D.2d 212, 217, lv denied 66 N.Y.2d 617; see also, People v Le Beau, 134 A.D.2d 929).
We have examined defendant's other contention and find it to be without merit.