| People v McGraw |
| 2008 NY Slip Op 10427 [57 AD3d 1516] |
| December 31, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Brett A. McGraw,Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Wendy Evans Lehmann of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (John J. Connell, J.), rendered May 25,2007. The judgment convicted defendant, after a nonjury trial, of felony driving while intoxicated,reckless driving, and three traffic infractions.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon a nonjury verdict of, inter alia,felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c][former (i)]), defendant contends that the evidence is legally insufficient to establish that he wasintoxicated. We reject that contention (see generally People v Bleakley, 69 NY2d 490, 495[1987]). Viewing the evidence in the light most favorable to the People, as we must (see People vContes, 60 NY2d 620, 621 [1983]), we conclude that the testimony of the Sheriff's deputiesconcerning defendant's reckless driving, physical condition, and inability to complete field sobriety tests,together with the inference that the refusal by defendant to take a chemical test demonstratedconsciousness of guilt (see People vSchuh, 4 AD3d 751, 752 [2004], lv denied 2 NY3d 806 [2004]), is legally sufficientto establish that defendant operated his vehicle while intoxicated (see People v Shank, 26 AD3d 812, 813-814 [2006]). We furtherconclude that the verdict is not against the weight of the evidence (see generally Bleakley, 69NY2d at 495). Present—Scudder, P.J., Hurlbutt, Fahey, Peradotto and Pine, JJ.