PEOPLE v. PENA ARIAS (2024)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. William PENA-ARIAS, Defendant-Appellant.

570219 /19

Decided: May 23, 2024

PRESENT: Brigantti, J.P., James, Perez, JJ.

Judgment of conviction (Tara A. Collins, J.), rendered February 22, 2019, 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 NY3d 342, 348-349 [2007]), which included the officer's testimony that defendant was speeding and driving erratically, while exhibiting physical signs of intoxication, including slurred speech and bloodshot eyes. Defendant also admitted that he consumed alcohol and the Intoxilyzer breath test device measured defendant's blood alcohol content at .10 of one percent (see Vehicle and Traffic Law § 1195[2][c]; People v Cruz, 48 NY2d 419, 426-427 [1979], appeal dismissed 446 US 901 [1980]; People v Taylor, 104 AD3d 603 [2013], lv denied 21 NY3d 947 [2013]). There is no basis for disturbing the trial court's determinations concerning credibility, including its resolution of inconsistencies in testimony.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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