The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant's conviction for driving while intoxicated was sufficiently supported by the passenger's testimony concerning the amount defendant had to drink prior to the time of the accident, the police officers' testimony regarding defendant's physical condition and demeanor, and the circumstances surrounding the accident (see, People v Babala,
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PEOPLE v. VARRIALE
238 A.D.2d 208 (1997)
656 N.Y.S.2d 864
The People of the State of New York, Respondent, v. Anthony Varriale, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
April 17, 1997
April 17, 1997
Appellate Division of the Supreme Court of the State of New York, First Department.
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