People v. Murphy

We affirm. “[T]he purpose of CPL 710.30 is to inform a defendant that the People intend to offer evidence of a statement to a public officer at trial so that a timely motion to suppress the evidence may be made” (People v Rodney, 85 NY2d 289 , 291-292 [1995]; see People v Wilhelm, 34 AD3d 40 , 44 [2006]). Here, the People provided CPL 710.30 notice regarding statements made by defendant to police. At the Huntley hearing, Goff testified that when he was doing a pat-down of defendant, she made a

There was a proper foundation to admit the blood alcohol level results from the breath test administered to defendant. Breath test results are admissible where the People “establish that the machine is accurate, that it was working properly when the test was performed and that the test was properly administered” (Pe ople v Campbell, 73 NY2d 481 , 484 [1989]; see People v Boscic, 15 NY3d 494 , 497 [2010]; People v Mertz, 68 NY2d 136 , 148 [1986]; cf. People v Baker, 51 AD3d 1047 , 1049 [2008]; People v Grune, 12 AD3d 944 , 945 [2004], lv denied 4 NY3d 831 [2005]). The People presented proof establishing that the machine used for the test on defendant had been recently calibrated and was accurate, it was working correctly at the time of the test, and the test was properly administered.

Defendant’s conviction of common-law DWI was not against the weight of the evidence. When addressing a weight of the evidence argument, we view the evidence in a neutral light, accord deference to the jury’s assessment of credibility and “weigh the relative probative force of conflicting testimony and the relative strength of conflicting inferences that may be drawn from the testimony” (People v Bleakley, 69 NY2d 490 , 495 [1987] [internal quotation marks and citation omitted]; accord People v Romero, 7 NY3d 633 , 643 [2006]). There were open alcoholic beverage containers in defendant’s car and evidence that she had been drinking from one of the containers. The officers testified regarding the smell of alcohol on defendant. When she exited her vehicle she walked in a manner described by Goff as awkward. She reportedly responded belligerently to Goff at one point. Goff testified that he administered four field sobriety tests — a horizontal gaze nystagmus test, a walk and turn test, a one-leg stand test and a Romberg balance test. Significantly, defendant failed each of those tests. Although cross-examination revealed some discrepancies in the testimony of the police, the testimony was not incredible, and this created credibility issues for the jury (see People v Shaffer, 95 AD3d 1365 , 1366 [2012];

Her cure, J.P., Rose, McCarthy and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.