Opinion
138 66704/10.
02-04-2016
The PEOPLE of the State of New York, Respondent, v. Simon REYES, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Jane Levitt of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (David P. Johnson of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Jane Levitt of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (David P. Johnson of counsel), for respondent.
Opinion
Judgment, Supreme Court, Bronx County (Ann M. Donnelly, J. at suppression hearing; Richard Lee Price, J. at nonjury trial and sentencing), rendered June 20, 2012, convicting defendant of driving while ability impaired, and sentencing him to a $300 fine, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 2007 ). There is no basis for disturbing the court's credibility determinations, including its assessment of police testimony about defendant's condition upon his arrest.
We reject defendant's various arguments for suppression or preclusion of evidence of his breathalyzer test results. In any event, any error in receiving this evidence was harmless in view of the overwhelming evidence, independent of the breathalyzer test results, that defendant drove while his ability was at least impaired by alcohol (see People v. Crimmins, 36 N.Y.2d 230, 367 N.Y.S.2d 213, 326 N.E.2d 787 1975 ).
TOM, J.P., FRIEDMAN, SWEENY, ACOSTA, ANDRIAS, JJ., concur.