Fourth Department – Aggravated driving while intoxicated: People v. Joyner-Pounds

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Aggravated driving while intoxicated — Sufficiency of evidence — 30.30 motion

People v. Joyner-Pounds

KA 23-00556

Appealed from Supreme Court, Monroe County

Background: The Defendant appealed from her conviction of three counts of aggravated driving while intoxicated and one count of driving while intoxicated. The charges arose from an incident that took place while she was driving with three children present in the vehicle.

Ruling: The Appellate Division reserved and remitted. The court noted that the evidence demonstrated that her vehicle matched the vehicle reported for reckless driving. When the vehicle was stopped, she refused to exit her vehicle. She had bloodshot eyes and slurred speech and there was a strong odor of alcohol coming from the vehicle. She refused to submit to a chemical test when brought to the hospital. However, the Appellate Division found it was in error to dismiss defendant’s 30.30 motion as the court rendered its decision before the people had an opportunity to respond, which was filed on the eve of trial, telling the prosecutor that it did not want to hear from him.

Stephanie M. Stare, of the conflict defender’s office, for the defendant-appellant; Grazina Harper, of the district attorney’s office, for the respondent.

Oral argument video