271 A.D.2d 543 706 N.Y.S.2d 356

The People of the State of New York, Respondent, v Victor Capia, Appellant.

[706 NYS2d 356]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (D’Emic, J.), rendered September 29, 1998, convicting him of operating a motor vehicle while under the influence of alcohol (two counts), after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see, People v Mertz, 68 NY2d 136, 146). Contrary to the defendant’s contention, the evidence established that his breathalyzer test, which revealed a blood alcohol content in excess of the legal limit (see, Vehicle and Traffic Law § 1192 [2]), was administered within two hours of his arrest (see, Vehicle and Traffic Law § 1194 [2] [a] [1]). Altman, J. P., Florio, H. Miller and Schmidt, JJ., concur.

People v. Capia
271 A.D.2d 543 706 N.Y.S.2d 356

Case Details

Name
People v. Capia
Decision Date
Apr 10, 2000
Citations

271 A.D.2d 543

706 N.Y.S.2d 356

Jurisdiction
New York

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