People v. Cole

— Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the evidence at trial was insufficient to establish that he had been driving while intoxicated. At trial, four police officers testified that defendant had the odor of alcohol on his breath, had slurred speech and had difficulty walking. In addition, the arresting officer testified that defendant twice failed in attempting to recite the alphabet. That uncontroverted testimony was sufficient to establish that defendant was "incapable of employing the physical and mental abilities which he is expected to possess…