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The People of the State of New York v. Phillip Taylor

New York Supreme and/or Appellate Courts Appellate Division, First Department


March 26, 2013

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
PHILLIP TAYLOR,
DEFENDANT-APPELLANT.

People v Taylor

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 26, 2013

Friedman, J.P., Moskowitz, DeGrasse, Richter, Gische, JJ.

Dkt. 28841C/09

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered October 14, 2010, convicting defendant, after a non-jury trial, of driving while ability impaired and sentenced him to time served, unanimously 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 court's credibility determinations, including its assessment of the extent to which a videotape recorded two hours after defendant's arrest corroborated and/or contradicted police testimony about defendant's condition upon his arrest. The trial court was also in the best position to evaluate defendant's explanation for refusing a breathalyzer test. The arresting officer testified that defendant had a strong odor of alcohol on his breath, that his eyes were bloodshot and watery, that his speech was slurred, and that he had difficulty walking. In addition, when the officer pulled defendant over for running a red light, defendant exhibited a noticeable difficulty in bringing his car to a stop. This evidence supported the conclusion that defendant was driving while impaired (see generally People v Cruz, 48 NY2d 419 [1979]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 26, 2013

CLERK

20130326

© 1992-2013 VersusLaw Inc.



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