People v. Gary

Judgment unanimously affirmed. Memorandum: Defendant was convicted of felony driving while intoxicated (DWI) (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]) and failure to yield the right-of-way (Vehicle and Traffic Law § 1141). He contends that his conviction of felony DWI is against the weight of the evidence. We disagree. A person is intoxicated when that person "has voluntarily consumed alcohol to the extent that he [or she] is incapable of employing the physical and mental abilities [that he or she] is expected to possess in order to operate a vehicle as a reasonable and prudent…