The People of the State of New York, Respondent, v. Gaetan Gaudin, Defendant-Appellant. (2024)

Per Curiam.

Judgment of conviction (Steven M. Statsinger, J.), rendered November 21, 2017, affirmed.

The verdict convicting defendant of driving while intoxicated (see Vehicle and Traffic Law § 1192[3]) was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility (see People v Danielson, 9 NY3d 342, 348—349 [2007]). The arresting officer testified that defendant was driving without his headlights on at 4:10 a.m., while exhibiting visible signs of intoxication, including bloodshot and watery eyes, slurred speech and an odor of alcohol on his breath; he had two poker-style drink chips from a bar in his pocket; and the IDTU video showed defendant refusing to take a breath test (see People v Cruz, 48 NY2d 419 [1979], appeal dismissed 446 US 901 [1980]). Although defendant's testimony was supported by that of several witnesses, it is the quality of the testimony that controls, not the number of witnesses who testify (see People v Garcia, 149 AD3d 508 [2017], lv denied 29 NY3d 1091 [2017]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concurI concur

Decision Date: June 17, 2024