PEOPLE v. THOMAS

Judgment unanimously affirmed.

Memorandum:

Contrary to defendant's contention, the conviction of two counts of felony driving while intoxicated (Vehicle and Traffic Law § 1192, [3]; § 1193 [1] [c]) is supported by legally sufficient evidence ( see generally, People v. Bleakley, 69 N.Y.2d 490, 495). Defendant's vehicle was pulled off the road at an intersection and a police officer observed defendant slumped over the wheel of the vehicle; the officer had difficulty awakening defendant and smelled alcohol when defendant rolled down the window of the vehicle; the keys were in the ignition; the officer did not observe any beverage containers in or around the vehicle; defendant was unable to perform field sobriety tests; defendant admitted that he drank 10 or 11 beers at one location and drove to the intersection, intending to drive to another location to play horseshoes; and the results of a breathalyzer test indicated that defendant's blood alcohol level was .16%. The jury could infer from that evidence that defendant operated his vehicle while intoxicated ( see, People v. Saplin, 122 A.D.2d 498, 498-499, lv denied 68 N.Y.2d 817).