PEOPLE v. CUNNINGHAM

ORDERED that the judgment is affirmed.

The defendant was found in the driver's seat of his parked car, intoxicated and slumped over the steering wheel, while the motor of the car was running. "Operation of the vehicle is established on proof that the defendant was merely behind the wheel with the engine running without need for proof that the defendant was observed driving the car, i.e., operating it so as to put it in motion" (People v. Alamo, 34 N.Y.2d 453). Thus, the evidence offered by the People was legally sufficient to prove that the defendant operated the vehicle while in an intoxicated condition (see, People v. Page, 266 A.D.2d 733; Matter of Tomasello v. Tofany, 32 A.D.2d 962).