Opinion
October 7, 1992
Appeal from the Supreme Court, Erie County, Forma, J.
Present — Callahan, J.P., Green, Pine, Boehm and Davis, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the evidence at trial was insufficient to establish that she had been driving while intoxicated. The uncontroverted trial testimony was sufficient to establish that defendant had been operating a motor vehicle while she was "incapable of employing the physical and mental abilities which [she was] 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 Cole, 178 A.D.2d 1016; People v DeBlase, 142 A.D.2d 926; People v Ottomanelli, 107 A.D.2d 212, 216-217, lv denied 66 N.Y.2d 617).
We have examined defendant's other contention and find it to be without merit.