DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The People proved that the defendant was intoxicated based upon his appearance and conduct at the scene ( see People v. Smith, 179 A.D.2d 1060), and his failure to follow instructions with the Alcosenser and Intoxilyzer tests ( see People v. Adler, 145 A.D.2d 943). Moreover, upon the exercise of our factual power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions either are unpreserved for appellate review or without merit.
RITTER, J.P., FEUERSTEIN, H. MILLER and ADAMS, JJ., concur.