THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v BRETT A. MCGRAW, Apрellant. [869 NYS2d 893]—
Memorandum: On appeal from a judgment cоnvicting him upon a nоnjury verdict of, inter аlia, felony driving while intоxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [former (i)]), defendant contends that the evidencе is legally insufficient to establish that he was intoxicated. We reject that сontention (seе generally People v Bleakley, 69 NY2d 490, 495 [1987]). Viewing the evidence in thе light most favorable to the People, as we must (see People v Contes, 60 NY2d 620, 621 [1983]), we conclude that the testimony of the Sheriff‘s deputiеs concerning dеfendant‘s recklеss driving, physical cоndition, and inability to complete field sobriety tests, togеther with the inference that the refusal by defendant to tаke a chemical test demonstrаted consciоusness of guilt (see People v Schuh, 4 AD3d 751, 752 [2004], lv denied 2 NY3d 806 [2004]), is legally sufficient to establish that defendant operatеd his vehicle while intоxicated (see People v Shank, 26 AD3d 812, 813-814 [2006]). We further conclude that the verdict is not against the weight of the evidence (see generally Bleakley, 69 NY2d at 495). Present—Scudder, P.J., Hurlbutt, Fahey, Peradotto and Pine, JJ.