People v. Calderella

OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously affirmed.

*1045The People offered the usual evidence of intoxication, including a strong odor of alcoholic beverages on defendant’s breath. Evidence was also offered of defendant’s refusal to blow into the breathalyzer machine, which, according to the People’s expert, accounted for the .00 reading. Defendant, on the other hand, denied taking any intoxicant and ascribed his obvious state to an unsound combination of medication prescribed by different physicians. A medical expert testified on his behalf that the medications taken would…