Opinion
2022-50100
02-17-2022
The People of the State of New York, Respondent, v. Junior Torres, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
PRESENT: Edmead, P.J., Brigantti, Silvera, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Lyle E. Frank, J.), rendered December 12, 2017, after a nonjury trial, convicting him of driving while impaired by alcohol, and imposing sentence.
Judgment of conviction (Lyle E. Frank, J.), rendered December 12, 2017, affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). There is no basis for disturbing the court's determinations concerning credibility. The evidence established beyond a reasonable doubt that defendant's ability to drive was impaired by the consumption of alcohol (see Vehicle and Traffic Law § 1192[1]). The credited police testimony demonstrated that defendant was speeding at 95 miles per hour while exhibiting classic signs of intoxication, including bloodshot and watery eyes, slurred speech, a strong odor of alcohol on his breath, and was unsteady on his feet as he exited his vehicle (see People v Cruz, 48 N.Y.2d 419, 426-427 [1979], appeal dismissed 446 U.S. 901 [1980]). Contrary to defendant's contention, the People were not required to prove that he was driving erratically (see People v Fiumara, 116 A.D.3d 421 [2014], lv denied 23 N.Y.3d 1036 [2014]).
All concur
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.