Opinion
No. 570280/19
10-10-2024
The People of the State of New York, Respondent, v. Andrew Quist, Defendant-Appellant.
Unpublished Opinion
PRESENT: TISCH, J.P., JAMES, PEREZ, JJ.
PER CURIAM
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Phyllis Chu, J.), rendered March 1, 2019, after a nonjury trial, convicting him of driving while impaired by alcohol, and imposing sentence.
Judgment of conviction (Phyllis Chu, J.), rendered March 1, 2019, affirmed.
The verdict convicting defendant of operating a motor vehicle while impaired by alcohol (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]). There is no basis for disturbing the court's determinations concerning credibility. The arresting officer testified that defendant failed to maintain his lane of traffic multiple times while driving on the Henry Hudson Parkway, and that he exhibited visible signs of impairment, such as watery and bloodshot eyes, slurred speech and an odor of alcohol on his breath; and the IDTU video showed defendant refusing to take a breath test (see People v Cruz, 48 N.Y.2d 419 [1979], appeal dismissed 446 U.S. 901 [1980]).
The recent amendments to CPL §30.30(1)(e), which extended statutory speedy trial limitations to traffic infractions charged in the same accusatory instrument with certain other offenses, are not retroactive, and do not apply to criminal actions commenced prior to the January 1, 2020 effective date of the new legislation (see People v Flores, 81 Misc.3d 137 [A], 2023 NY Slip Op 51414[U] [App Term, 1st Dept 2023], lv denied 41 N.Y.3d 1018 [2024]).
We decline defendant's invitation to vacate his conviction in the interest of justice.