Opinion
570818/17
09-25-2019
The PEOPLE of the State of New York, Respondent, v. Yakaira RAMIREZ, Defendant-Appellant.
Per Curiam.
Judgment of conviction (Curtis Farber, J.), rendered December 4, 2017, affirmed.
The verdict convicting defendant of driving while ability impaired by alcohol (see Vehicle and Traffic Law § 1192[1] ) was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342 [2007] ), which included the police officers' eye-witness testimony that defendant drove in an unsafe manner, and upon being stopped, had an odor of alcohol on her breath and an unsteady gait; the videotape of defendant's unsatisfactory performance of physical coordination tests; and the results of the Intoxilyzer 5000 breath test device administered at the precinct, which measured defendant's blood alcohol content at .07 percent (see Vehicle and Traffic Law § 1195[2][c] ; People v. Cruz , 48 NY2d 419, 426-427 [1979], appeal dismissed 446 US 901 [1980] ; People v. Taylor , 104 AD3d 603 [2013], lv denied 21 NY3d 947 [2013] ).
The court properly exercised its discretion in denying, without further inquiry, counsel's eve-of-trial motion to be relieved, since counsel failed to establish good cause (see People v. Porto, 16 NY3d 93 [2010] ; People v. Linares , 2 NY3d 507, 511 [2004] ["good cause does not exist when defendants are guilty of delaying tactics or where, on the eve of trial, disagreements over trial strategy generate discord"] ). Here, defendant's refusal to follow counsel's sound advice to accept the favorable plea offer did not rise to the level of good cause for removal (see People v. Alvarez , 143 AD3d 543, 543-544 [2016], lv denied 28 NY3d 1142 [2017] ; People v. Monfiston , 54 AD3d 597 [2008], lv denied 11 NY3d 856 [2008] ; People v. England , 19 AD3d 154, 155 [2005], lv denied 5 NY3d 805 [2005] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.