Opinion
No. 570219/19
05-23-2024
The People of the State of New York, Respondent, v. William Pena-Arias, Defendant-Appellant.
Unpublished Opinion
PRESENT: Brigantti, J.P., James, Perez, JJ.
PER CURIAM
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Tara A. Collins, J.), rendered February 22, 2019, after a nonjury trial, convicting him of driving while impaired by alcohol, and imposing sentence.
Judgment of conviction (Tara A. Collins, J.), rendered February 22, 2019, affirmed.
The verdict convicting defendant of driving while ability impaired (see Vehicle and Traffic Law § 1192[1]) was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]), which included the officer's testimony that defendant was speeding and driving erratically, while exhibiting physical signs of intoxication, including slurred speech and bloodshot eyes. Defendant also admitted that he consumed alcohol and the Intoxilyzer breath test device measured defendant's blood alcohol content at.10 of one percent (see Vehicle and Traffic Law § 1195[2][c]; People v Cruz, 48 N.Y.2d 419, 426-427 [1979], appeal dismissed 446 U.S. 901 [1980]; People v Taylor, 104 A.D.3d 603 [2013], lv denied 21 N.Y.3d 947 [2013]). There is no basis for disturbing the trial court's determinations concerning credibility, including its resolution of inconsistencies in testimony.