Appellate Division of the Supreme Court of the State of New York February 24, 2011 (People v. Story)

Rose, J.

Appeal from a judgment of the County Court of Columbia County (Nichols, J.), rendered May 12, 2009, upon a verdict convicting defendant of the crime of driving while intoxicated (two counts).

A state trooper observed defendant’s truck parked on the side of a rural highway at night with someone hunched over outside the passenger side of the truck.