Opinion
570563/09.
Decided November 22, 2011.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Larry R.C. Stephen, J.), rendered July 9, 2009, after a jury trial, convicting him of driving while intoxicated, and imposing sentence.
PRESENT: Shulman, J.P., Hunter, Jr., Torres, JJ.
Judgment of conviction (Larry R.C. Stephen, J.), rendered July 9, 2009, affirmed.
Even assuming, without deciding, that the trial court erred in admitting the challenged evidence, any error was harmless beyond a reasonable doubt in view of the overwhelming evidence of defendant's guilt ( People v Crimmins, 36 NY2d 230, 241-242), including, inter alia, the observations of the arresting officer, defendant's admission of drinking at a nearby bar, and the properly-administered breathalyzer test results indicating that his blood alcohol content was more than twice the legal limit ( see Vehicle Traffic Law § 1192; People v Litto, 8 NY3d 692, 706; People v Mojica , 62 AD3d 100, 110-111, lv denied 12 NY2d 856).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.