People v. Rutledge

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of two counts of driving while intoxicated as a felony (Vehicle and Traffic *961Law § 1192 [2], [3]; § 1193 [1] [c]). Contrary to defendant’s contention, the People established a sufficient foundation for the admission of the breathalyzer test results (see, People v Dailey, 260 AD2d 81, 84, lv denied 94 NY2d 821; People v Brunelle, 255 AD2d 331). The verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). The evidence establishes that defendant…