Opinion
November 12, 1999
Appeal from Judgment of Erie County Court, DiTullio, J. — Felony Driving While Intoxicated.
PRESENT: GREEN, J. P., LAWTON, HAYES, HURLBUTT AND BALIO, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a nonjury trial of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192; § 1193 [1] [c]) and other crimes. The verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). The testimony of a police officer concerning his observation of defendant, as well as the testimony of defendant's witnesses that defendant had been drinking that night, is sufficient to establish defendant's intoxication (see, People v. Donhauser, 255 A.D.2d 933). In light of defendant's extensive history of alcohol-related offenses, the sentence is neither unduly harsh nor severe.