Opinion
No. 570795/11.
02-17-2016
The PEOPLE of the State of New York, Respondent, v. Angel QUIRISUMBAY, Defendant–Appellant.
Judgment of conviction (Anthony J. Ferrara, J.), rendered September 15, 2011, affirmed.
The verdict convicting defendant of driving while impaired (see Vehicle and Traffic Law § 1192[1] ) was supported by legally sufficient evidence and was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490 [1987] ). There is no basis for disturbing the jury's determinations concerning credibility. The credited police testimony established that, after defendant was stopped for a traffic infraction, he exhibited signs of intoxication-his eyes were bloodshot and watery, his face was flushed, his speech was slurred and his breath had a strong odor of alcohol (see People v. Cruz, 48 N.Y.2d 419, 426–427 [1979], appeal dismissed 446 U.S. 901 [1980] ). Furthermore, the Intoxilyzer 5000 test revealed that defendant's blood alcohol level was .14 percent (see Vehicle and Traffic Law § 1195[2] [c] ). Defendant's argument that the jury, by acquitting him of driving while intoxicated per se (see Vehicle and Traffic Law § 1192[2] ), necessarily rejected the Intoxilyzer test results, “calls for an impermissible invasion of the jury's deliberative processes” (People v. Williams, 239 A.D.2d 271, 272 [1997], lv denied 90 N.Y.2d 899 [1997], quoting People v. Rivera, 201 A.D.2d 377 [1994], lv denied 83 N.Y.2d 875 [1994] ; see People v. Rayam, 94 N.Y.2d 557, 562–563 [2000] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.