PEOPLE v. SCALERA

Judgment affirmed, and case remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

The evidence adduced at the trial was sufficient to establish beyond a reasonable doubt the defendant's guilt of driving a motor vehicle while her ability to do so was impaired by the consumption of alcohol (Vehicle and Traffic Law § 1192; see generally, People v. Cruz, 48 N.Y.2d 419, appeal dismissed 446 U.S. 901; People v. Ottomanelli, 107 A.D.2d 212; People v. Kurtz, 92 A.D.2d 962; People v. Van Dusen, 89 A.D.2d 649). We also find that the trial court did not abuse its discretion in admitting in evidence the opinion of a physician who was not licensed to practice medicine in New York (see, People v. Rice, 159 N.Y. 400; People v. Kehn, 109 A.D.2d 912, 914; Karasik v. Bird, 98 A.D.2d 359; see also, Hall v. Yonkers Professional Hosp., 115 A.D.2d 636). The defendant's remaining contention has been reviewed and is without merit. Mollen, P.J., Lazer, Kunzeman and Kooper, JJ., concur.