Appeal from a judgment of the District Court of Suffolk County, First District (Lawrence Donohue, J.), rendered December 19, 2006. The judgment convicted defendant, after a nonjury trial, of driving while ability impaired.

Judgment of conviction affirmed.

After a nonjury trial, defendant was convicted of driving while ability impaired (Vehicle and Traffic Law § 1192 [1]). Viewing the evidence in the light most favorable to the People (see People v Taylor, 94 NY2d 910, 911 [2000]; People v Contes, 60 NY2d 620, 621 [1983]), we find it legally sufficient since a rational trier of fact could have found the elements of driving while ability impaired proved beyond a reasonable
doubt (see People v Danielson, 9 NY3d 342, 349 [2007]). The arresting police officer testified that defendant's eyes were glassy, his breath smelled of an alcoholic beverage, his speech was slurred, and he failed two field sobriety tests administered at the scene of the accident (see People v Crandall, 287 AD2d 881 [2001]; People v Ritgers, 158 AD2d 628 [1990]). Moreover, his chemical test result showed that he had .062 of one per centum by weight of alcohol in his blood (see Vehicle and Traffic Law § 1195 [2] [b]), and he admitted to drinking beer before operating his motor vehicle and to driving on the wrong side of the road.

Upon the exercise of our factual review power (CPL 470.15 [5]), we are satisfied that the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d at 349; [*2]People v Romero, 7 NY3d 633, 644 [2006]; People v Garafalo, 44 AD2d 86, 88 [1974]). Accordingly, the judgment of conviction is affirmed.

McCabe, J.P., Tanenbaum and Molia, JJ., concur.
Decision Date: October 30, 2008