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PEOPLE v. MEJIA

10078, 30025/11.

176 A.D.3d 498 (2019)

108 N.Y.S.3d 342

2019 NY Slip Op 07364

The People of the State of New York, Respondent, v. Joaquin Mejia, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 15, 2019.

Attorney(s) appearing for the Case

Justine M. Luongo , The Legal Aid Society, New York ( Whitney A. Robinson of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Luis Morales of counsel), for respondent.

Concur—Sweeny, J.P., Tom, Mazzarelli, Oing, Singh, JJ.

The verdict convicting defendant of both driving while intoxicated per se (Vehicle and Traffic Law § 1192[2]) and common-law driving while intoxicated (Vehicle and Traffic Law § 1192[3]) was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). The evidence adduced at trial did not cast any doubt on the accuracy of defendant's breathalyzer...

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