Majority
p. 607The People of the State of New York, Respondent, v Louis Gonzalez, Appellant. [61 NYS3d 907]
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
p. 608
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.
Cases cited
- People v. Danielson 9 NY3d 342 at 348-349 p. 607