PEOPLE v. MENA PENA (2020)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Danisha MENA-PENA, Defendant-Appellant.

571085 /12

Decided: June 05, 2020

PRESENT: Shulman, P.J., Cooper, Torres, JJ.

Judgment of conviction (Robert M. Mandelbaum, J.), rendered October 3, 2012, affirmed.

The verdict convicting defendant of driving while impaired (see Vehicle and Traffic Law § 1192[1]) was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility. The credited police testimony established that defendant operated a motor vehicle, that she had bloodshot, watery eyes, and a strong odor of alcohol on her breath, that she was unsteady on her feet and swaying (see People v. Cruz, 48 NY2d 419, 426-427 [1979], appeal dismissed 446 US 901 [1980]), and that she refused to submit to a breath test (see People v. Smith, 18 NY3d 544 [2012]; see also People v. Fiumara, 116 A.D.3d 421 [2014], lv denied 23 N.Y.3d 1036 [2014]).

Per Curiam.

All concur.

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