Appeal from a judgment of the County Court of Columbia County (Leaman, J.), rendered October 9, 1998, upon a verdict convicting defendant of the crimes of driving while intoxicated and driving while ability impaired.
Defendant’s convictions arise out of a traffic stop in February 1998, on US Route 9 in the Village of Valatie, Columbia County. At trial, the People established, through the testimony of two members of the Columbia County Sheriffs Department, that defendant was operating an automobile southbound on Route 9, at or about the intersection with Rathbone Avenue. In preparing to make a left turn, defendant activated the turn signal and drove into the left-hand turn lane. However, instead of turning, defendant traveled through the intersection — nearly striking a traffic island — into the northbound lane of Route 9 for about 15 yards before returning to the southbound lane.
Upon stopping defendant’s automobile and detecting the odor of alcohol, several field sobriety tests were administered to defendant. Following the completion of these tests, defendant was placed under arrest for driving while intoxicated and transported to a local hospital to determine his blood alcohol content. Analysis of the blood sample by a member of the State Police Forensic Investigation Center revealed that defendant had a blood alcohol level of 0.10% when the blood was drawn. Convicted of driving while intoxicated in violation of Vehicle
We affirm. Based upon the blood sample not having been obtained from defendant until 77 minutes after his arrest, defendant contends that the People failed to submit legally sufficient evidence to establish that his blood alcohol content was above the legal limit while he was operating the automobile. As a general proposition, an appellate court, in determining the legal sufficiency of evidence at trial, views the evidence in a light most favorable to the People (see, People v Allah,
Specifically, with respect to the sufficiency of the evidence to convict for a violation of Vehicle and Traffic Law § 1192 (2), “proof of a * * * reading of .10 or more within two hours after arrest establishes prima facie a violation of Vehicle and Traffic Law § 1192 (2) which, together with evidence of one or more of defendant’s deportment, speech, stability and the odor of his or her breath, is sufficient to sustain a conviction, absent evidence, expert or other and by whichever party produced, from which the trier of fact could conclude that defendant’s [blood alcohol content] at the time of the vehicle operation was less than .10” (People v Mertz,
Equally unavailing is defendant’s contention that the verdict was against the weight of the evidence. In determining whether a verdict is against the weight of the evidence, the reviewing court is required to examine the evidence in a neutral light and make its own independent determination of the relative probative worth of the inferences that may be drawn from the testimony (see, People v Bleakley, supra, at 495; People v Jefferson,
Cardona, P. J., Mercure, Carpinello, Graffeo and Mugglin, JJ., concur. Ordered that the judgment is affirmed.
