People v. Jacquin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*595The defendant contends that his guilt was not proved because he gave a "plausible explanation” for his erratic driving, slow speech, inability to walk without staggering and stumbling, the odor of an alcoholic beverage on his breath and his refusal to take a breathalyzer test. However, two police officers testified that, in their opinion, defendant was intoxicated and his intoxication is apparent from a videotaped performance test admitted into evidence and viewed by the jury. The jury’s assessment of the witnesses’ credibility is controlling (see, People v Bigelow, 106 AD2d 448, 449-450) and…
2Cases cited6 opinions
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- People v. SantiagoNew York Court of Appeals · 1981
- People v. WiseNew York Court of Appeals · 1978
- People v. BigelowAppellate Division of the Supreme Court of the State of New York · 1984
- People v. Jacquin, New York County Courts1985
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. WhelanAppellate Division of the Supreme Court of the State of New York · 1991
- People v. NosekAppellate Division of the Supreme Court of the State of New York · 1990
- People v. BabalaAppellate Division of the Supreme Court of the State of New York · 1989
- People v. MadoreAppellate Division of the Supreme Court of the State of New York · 2001
- People v. WassenAppellate Terms of the Supreme Court of New York · 1994