PEOPLE v. COLE


178 A.D.2d 1016 (1991)

The People of the State of New York, Respondent, v. John F. Cole, Sr., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 26, 1991


Judgment unanimously affirmed.

Memorandum:

We reject defendant's contention that the evidence at trial was insufficient to establish that he had been driving while intoxicated. At trial, four police officers testified that defendant had the odor of alcohol on his breath, had slurred speech and had difficulty walking. In addition, the arresting officer testified that defendant twice failed in attempting to recite the alphabet. That uncontroverted testimony...

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