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People v. Sarita-Sanchez

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Jan 16, 2019
2019 N.Y. Slip Op. 50034 (N.Y. App. Term 2019)

Opinion

570791/16

01-16-2019

The People of the State of New York, Respondent, v. Junior Sarita-Sanchez, Defendant-Appellant.


PRESENT: Gonzalez, J.P., Cooper, Edmead, JJ.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Felicia A. Mennin, J.), rendered October 26, 2016, after a nonjury trial, convicting him of driving while impaired by alcohol, and imposing sentence.

Per Curiam.

Judgment of conviction (Felicia A. Mennin, J.), rendered October 26, 2016, affirmed.

Defendant's conviction 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. There is no basis for disturbing the court's determinations concerning credibility (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The credited police testimony showed that, after being stopped for driving through a steady red light, defendant exhibited signs of intoxication - his eyes were bloodshot and glassy, his breath had a strong odor of alcohol, and he was unsteady on his feet (see People v Cruz, 48 NY2d 419, 426-427 [1979], appeal dismissed 446 US 901 [1980]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. I concur I concur I concur Decision Date: January 16, 2019


Summaries of

People v. Sarita-Sanchez

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Jan 16, 2019
2019 N.Y. Slip Op. 50034 (N.Y. App. Term 2019)
Case details for

People v. Sarita-Sanchez

Case Details

Full title:The People of the State of New York, Respondent, v. Junior Sarita-Sanchez…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Jan 16, 2019

Citations

2019 N.Y. Slip Op. 50034 (N.Y. App. Term 2019)

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