PEOPLE v. THOMAS (2001)

Contrary to defendant's contention, the conviction of two counts of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3];  § 1193[1][c] ) is supported by legally sufficient evidence (see generally, People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   Defendant's vehicle was pulled off the road at an intersection and a police officer observed defendant slumped over the wheel of the vehicle;  the officer had difficulty awakening defendant and smelled alcohol when defendant rolled down the window of the vehicle;  the keys were in the ignition;  the officer did not observe any beverage containers in or around the vehicle;  defendant was unable to perform field sobriety tests;  defendant admitted that he drank 10 or 11 beers at one location and drove to the intersection, intending to drive to another location to play horseshoes;  and the results of a breathalyzer test indicated that defendant's blood alcohol level was .16%. The jury could infer from that evidence that defendant operated his vehicle while intoxicated (see, People v. Saplin, 122 A.D.2d 498, 498-499, 505 N.Y.S.2d 460, lv. denied 68 N.Y.2d 817, 507 N.Y.S.2d 1035, 499 N.E.2d 884).

Judgment unanimously affirmed.

MEMORANDUM: