People v Kisthart (Daniel)

[*1] People v Kisthart (Daniel) 2010 NY Slip Op 51291(U) [28 Misc 3d 132(A)] Decided on July 21, 2010 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 21, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, Jr., JJ
570682/09.

The People of the State of New York, Respondent,

against

Daniel Kisthart, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Robert M. Mandelbaum, J.), rendered March 10, 2009, after a nonjury trial, convicting him of driving while ability impaired, and imposing sentence.

Per Curiam.

Judgment of conviction (Robert M. Mandelbaum, J.), rendered March 10, 2009, affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the trial court's determinations concerning credibility. The credited evidence, including the arresting officer's testimony regarding the manner in which defendant operated his vehicle and defendant's condition upon exiting the vehicle after the police directed him to pull over, as well as defendant's admission that he had consumed alcohol (see People v Shihab, 19 Misc 3d 137[A], 2008 NY Slip Op 50808[U] [2008], lv denied 10 NY3d 939 [2008]), warranted the conclusion that defendant's ability to operate the motor vehicle was impaired by the consumption of alcohol (see VTL § 1192[1]; see generally People v Cruz, 48 NY2d 419, 426-427 [1979]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 21, 2010