Opinion
No. 571057/15
06-21-2023
The People of the State of New York, Respondent, v. Darnell Williams, Defendant-Appellant.
Unpublished Opinion
PRESENT: Brigantti, J.P., Michael, James, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Gilbert C. Hong, J.), rendered September 28, 2015, after a jury trial, convicting him of driving while impaired by alcohol, and imposing sentence.
Judgment of conviction (Gilbert C. Hong, J.), rendered September 28, 2015, affirmed.
The verdict convicting defendant of driving while ability impaired (see Vehicle and Traffic Law § 1192[1]) 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 jury's credibility determinations, including its rejection of defendant's version of events. The officer's testimony demonstrated that defendant was swerving between lanes "at a high rate of speed," and upon being stopped, had bloodshot and watery eyes, slurred speech and an unsteady gait. A videotape showed defendant's unsatisfactory performance of physical coordination tests, and the Intoxilyzer breath test device administered at the precinct measured defendant's blood alcohol content at.09 percent (see Vehicle and Traffic Law § 1195[2][c]; People v Cruz, 48 N.Y.2d 419, 426-427 [1979], appeal dismissed 446 U.S. 901 [1980]; People v Taylor, 104 A.D.3d 603 [2013], lv denied 21 N.Y.3d 947 [2013]).