PEOPLE v. TORRES (2022)

Judgment of conviction (Lyle E. Frank, J.), rendered December 12, 2017, affirmed.

The verdict was based on legally sufficient evidence and 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 court's determinations concerning credibility. The evidence established beyond a reasonable doubt that defendant's ability to drive was impaired by the consumption of alcohol (see Vehicle and Traffic Law § 1192[1]). The credited police testimony demonstrated that defendant was speeding at 95 miles per hour while exhibiting classic signs of intoxication, including bloodshot and watery eyes, slurred speech, a strong odor of alcohol on his breath, and was unsteady on his feet as he exited his vehicle (see People v Cruz, 48 NY2d 419, 426-427 [1979], appeal dismissed 446 US 901 [1980]). Contrary to defendant's contention, the People were not required to prove that he was driving erratically (see People v Fiumara, 116 AD3d 421 [2014], lv denied 23 NY3d 1036 [2014]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.