People v. Pierson

— Judgment unanimously affirmed. Memorandum: Defendant was convicted following a jury trial of driving while intoxicated as a felony. Viewing the evidence in the light most favorable to the People (People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932), we conclude that legally sufficient proof was adduced at trial to support defendant’s conviction (see, People v Bleakley, 69 NY2d 490, 495; see also, People v Smith, 179 AD2d 1060; People v Cole, 178 AD2d 1016). The proof concerning defendant’s intoxication was uncontroverted. It showed that he was "incapable of employing the physical and…