People v. Starowicz

—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of two counts of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c]), defendant contends that the trial court improperly admitted the results of the breathalyzer test; that defendant’s convictions for DWI were repugnant to his acquittal for reckless driving; and that the court erred in disallowing psychiatric evidence that defendant’s consumption of alcohol was not voluntary. We conclude that the results of the breathalyzer test were properly received. The People’s…