The People of the State of New York, Respondent, v. Adrien Philoctete, Defendant-Appellant. (2025)

Per Curiam.

Judgment of conviction (Heidi C. Cesare, J.), rendered January 24, 2019, affirmed.

The verdict convicting defendant of driving while ability impaired by alcohol (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]). There is no basis for disturbing the jury's credibility determinations, including its assessment of police testimony that defendant's vehicle was speeding and swerving between lanes at approximately 1:00 a.m., and that defendant exhibited visible signs of intoxication. Defendant also admitted that he had been drinking and refused to take a breath test (see People v Martinez, 186 AD3d 1165, 1166 [2020]). Any discrepancies and inconsistencies in the arresting officers' testimony or challenges to their credibility based on their individual observations of defendant's condition were fully explored by defense counsel on cross-examination and we find no basis to disturb the jury's resolution of the issues (see People v Jones, 79 AD3d 1073, 1073-1074 [2010], lv denied 17 NY3d 954 [2011]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: May 15, 2025