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People v Shihab (Jamil)
2008 NY Slip Op 50808(U) [19 Misc 3d 137(A)]
Decided on April 22, 2008
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 22, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ
570119/07.

People of the State of New York, Respondent,

against

Jamil Gulman Shihab, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Patricia Nunez, J.), rendered February 17, 2006, after a nonjury trial, convicting him of driving while impaired, and imposing sentence.


Per Curiam.

Judgment of conviction (Patricia Nunez, J.), rendered February 17, 2006, affirmed.

Defendant's conviction was supported by legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the trial court's determinations concerning credibility. The credited prosecution testimony showed that moments after defendant's vehicle struck several parked cars and a garbage dumpster, police officers observed defendant with bloodshot eyes and smelled alcohol on his breath, and defendant himself admitted that he had consumed alcohol earlier in the evening.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 22, 2008