PEOPLE v. SCROGER (2006)

Defendant appeals from a judgment convicting him upon a jury verdict of felony driving while intoxicated (Vehicle and Traffic Law § 1192[3];  § 1193[1] [c][i] ) and aggravated unlicensed operation of a motor vehicle in the first degree (§ 511[3][a][i] ).   Contrary to the contention of defendant, the evidence that he failed all his field sobriety tests, smelled of alcohol, had glassy eyes and slurred his speech is legally sufficient to support the conviction (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   Furthermore, we conclude that the jury did not fail to give the evidence the weight it should be accorded, and thus the verdict is not against the weight of the evidence (see People v. Clark, 284 A.D.2d 956, 957, 726 N.Y.S.2d 320, lv. denied 97 N.Y.2d 640, 735 N.Y.S.2d 497, 761 N.E.2d 2).   The sentence is not unduly harsh or severe.

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: