Opinion
570639/15
01-15-2021
The PEOPLE of the State of New York, Respondent, v. Rory SMITH, Defendant-Appellant.
Per Curiam.
Judgment of conviction (David Stadtmauer, J.H.O.), rendered May 19, 2015, affirmed.
The verdict convicting defendant of driving while impaired by alcohol (see Vehicle and Traffic Law § 1192[1] ) was based on legally sufficient evidence, and was not against the weight of the evidence (see People v. Danielson , 9 NY3d 342, 348—349 [2007] ). There is no basis to disturb the court's determinations concerning credibility. The credited police testimony demonstrated that defendant drove without a seatbelt while exhibiting classic signs of intoxication, including bloodshot and watery eyes, an odor of alcohol on her breath, and was unbalanced and swaying as she exited her vehicle (see People v. Cruz , 48 NY2d 419, 425-427 [1979], appeal dismissed 446 US 901 [1980] ). Furthermore, the Intoxilyzer 5000 test revealed that defendant's blood alcohol level was .06 (see Vehicle and Traffic Law § 1195[2][b] ), and the evidence adduced at trial did not cast any doubt on the accuracy of this test result.
Contrary to defendant's assertion, the People were not required to prove that she was driving erratically (see generally People v. Fiumara , 116 AD3d 421 [2014], lv denied 23 NY3d 1036 [2014] ).
All concur