PEOPLE v. WILLIAMS (2023)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Darnell WILLIAMS, Defendant-Appellant.

571057 /15

Decided: June 21, 2023

PRESENT: Brigantti, J.P., Michael, James, JJ.

Judgment of conviction (Gilbert C. Hong, J.), rendered September 28, 2015, affirmed.

The verdict convicting defendant of driving while ability impaired (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 rejection of defendant's version of events. The officer's testimony demonstrated that defendant was swerving between lanes “at a high rate of speed,” and upon being stopped, had bloodshot and watery eyes, slurred speech and an unsteady gait. A videotape showed defendant's unsatisfactory performance of physical coordination tests, and the Intoxilyzer breath test device administered at the precinct measured defendant's blood alcohol content at .09 percent (see Vehicle and Traffic Law § 1195[2][c]; People v Cruz, 48 NY2d 419, 426-427 [1979], appeal dismissed 446 US 901 [1980]; People v Taylor, 104 AD3d 603 [2013], lv denied 21 NY3d 947 [2013]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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