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People v. Pirraglia

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Oct 16, 2019
65 Misc. 3d 135 (N.Y. App. Term 2019)

Opinion

571157/12

10-16-2019

The PEOPLE of the State of New York, Respondent, v. Kenneth PIRRAGLIA, Defendant-Appellant.


Per Curiam.

Judgment of conviction (Seth L. Marvin, J.), rendered November 16, 2012, affirmed.

Defendant's challenge to the legal sufficiency of the evidence is unpreserved (see People v. Gray , 86 NY2d 10, 19 [1995] ) and we decline to review it in the interest of justice. As an alternative holding, we find that the verdict convicting defendant of driving while impaired (see Vehicle and Traffic Law § 1192[1] ) was based on legally sufficient evidence. We also find that the verdict was not against the weight of the evidence (see People v. Danielson , 9 NY3d 342, 348-349 [2007] ). There is no basis for disturbing the jury's determinations concerning credibility, including its assessment of police testimony that after being stopped for driving through two steady red lights, defendant exhibited signs of intoxication - his eyes were bloodshot and watery, his breath had an odor of alcohol, and he was "swaying" on his feet (see People v. Cruz , 48 NY2d 419, 426-427 [1979], appeal dismissed 446 US 901 [1980] ).

I concur I concur


Summaries of

People v. Pirraglia

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Oct 16, 2019
65 Misc. 3d 135 (N.Y. App. Term 2019)
Case details for

People v. Pirraglia

Case Details

Full title:The People of the State of New York, Respondent, v. Kenneth Pirraglia…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Oct 16, 2019

Citations

65 Misc. 3d 135 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 51641
118 N.Y.S.3d 911