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People v Gonzalez, 2017 NY Slip Op 07535 [154 AD3d 607]

October 26, 2017

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Louis Gonzalez, Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Nicole Neckles of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Denis J. Boyle, J.), rendered July 28, 2011, convicting defendant, after a jury trial, of two counts of operating a motor vehicle under the influence of alcohol or drugs, and sentencing him to an aggregate fine of $1,000 and a conditional discharge, unanimously 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 jury’s credibility determinations. The evidence, viewed as a whole, establishes that defendant was operating a car at a time when he was undisputedly intoxicated. Concur—Tom, J.P., Manzanet-Daniels, Mazzarelli, Oing and Singh, JJ..