New York Supreme Court February 20, 2014 (People v. McElroy)

*559OPINION OF THE COURT

Michael A. Gary, J.

Factual and Procedural History

On January 1, 2013 at approximately 6:45 a.m. defendant, who had spent New Year’s Eve partying in Manhattan, was a passenger in a taxicab owned by the complainant, Key Kim. Mr. Kim drove the defendant, who was admittedly intoxicated, to Brooklyn, to Willoughby and Skillman Streets.