PEOPLE v. SMITH


179 A.D.2d 1060 (1992)

The People of the State of New York, Respondent, v. Rodney K. Smith, Appellant

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

January 31, 1992


Judgment unanimously affirmed.

Memorandum:

Defendant was convicted of driving while intoxicated based upon the uncontroverted testimony of the arresting police officer, who testified that defendant had been driving erratically, that he had the odor of alcohol on his breath, that defendant's eyes were watery and bloodshot, that the pupils of his eyes were dilated, that his speech was slow and slurred, that he could not recite the alphabet or count, that defendant...

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