PEOPLE v. CALDWELL (2018)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Daniel CALDWELL, Defendant–Appellant.

570919 /14

Decided: April 19, 2018

PRESENT: Gonzalez, J.P., Cooper, Edmead, JJ.

Judgment of conviction (Robert M. Mandelbaum, J.), rendered September 23, 2014, 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] ). The inconsistencies in the testimony and other credibility issues raised by defendant were properly placed before the trier of fact, and we find no basis on the record to disturb its findings.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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