Opinion
May 4, 2000.
Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered March 21, 1997, convicting defendant, after a jury trial, of one count of driving while intoxicated, and sentencing him to a term of 1½ to 4 years, unanimously affirmed.
Todd Harrison, for Respondent.
Steven R. Berko, for Defendant-Appellant.
RUBIN, J.P., ANDRIAS, SAXE, BUCKLEY, FRIEDMAN, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility.
The court's Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see, People v. Walker, 83 N.Y.2d 455, 458-459). Defendant's testimony opened the door to, at the very least, the limited modification of the court's initial ruling.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.