From Casetext: Smarter Legal Research

People v. Michael C.

Appellate Term of the Supreme Court of New York, Second Department
Dec 5, 2005
2005 N.Y. Slip Op. 52104 (N.Y. App. Term 2005)

Opinion

2005-433 S CR.

Decided December 5, 2005.

Appeal from a judgment of the Justice Court of the Town of Southampton, Suffolk County (Barbara Wilson, J.), rendered on December 29, 2004. The judgment adjudicated defendant a youthful offender, upon a guilty verdict, following a nonjury trial, of driving while intoxicated.

Judgment adjudicating defendant a youthful offender unanimously affirmed.

PRESENT: RUDOLPH, P.J., McCABE and TANENBAUM, JJ.


Viewing the evidence in a light most favorable to the People ( People v. Contes, 60 NY2d 620), we find that it was legally sufficient to establish defendant's guilt of the charge of driving while intoxicated beyond a reasonable doubt (Vehicle and Traffic Law § 1192). Even assuming that a presumption arises that defendant was not intoxicated based upon the Intoxilyzer 5000 results obtained from a "deficient sample" (Vehicle and Traffic Law § 1195 [a]), the evidence adduced at trial rebutted such a presumption ( see People v. Blair, 98 NY2d 722, 723). The police officers testified that defendant was unsteady on his feet, his eyes were bloodshot, he had the odor of an alcoholic beverage on his breath, he failed the field sobriety tests administered at the scene, he failed to stop at a stop sign and he crossed over a double yellow line while operating his vehicle. Moreover, the resolution of issues of credibility, as well as the weight to be accorded the evidence presented, is primarily to be decided by the trier of facts, which had the opportunity to see and hear the witnesses ( People v. Gaimari, 176 NY 84). The determination thereof is accorded great weight on appeal and will not be disturbed unless clearly unsupported by the record ( People v. Garafolo, 44 AD2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).


Summaries of

People v. Michael C.

Appellate Term of the Supreme Court of New York, Second Department
Dec 5, 2005
2005 N.Y. Slip Op. 52104 (N.Y. App. Term 2005)
Case details for

People v. Michael C.

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL C…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Dec 5, 2005

Citations

2005 N.Y. Slip Op. 52104 (N.Y. App. Term 2005)
814 N.Y.S.2d 564