People v. Abreu (Ernesto) - DWI Conviction Affirmation

New York Appellate Terms

Filed March 13th, 2026

Detected March 16th, 2026

Summary

The Appellate Term of the Supreme Court of New York affirmed a judgment of conviction for driving while intoxicated against Ernesto Abreu. The court found the accusatory instrument to be jurisdictionally valid and upheld the conviction based on the evidence presented.

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What changed

The Appellate Term of the Supreme Court of New York, First Department, affirmed a judgment of conviction for driving while intoxicated (DWI) against Ernesto Abreu, docket number 570051/21. The court ruled that the accusatory instrument was jurisdictionally valid under the standard for a misdemeanor complaint, finding sufficient evidence to establish reasonable cause for the DWI charge, including allegations of the defendant operating a vehicle while intoxicated with a blood alcohol level of .21%.

This decision affirms the conviction and sentence rendered on January 7, 2020. For legal professionals, this case reinforces the standards for facial sufficiency of DWI complaints in New York and the evidence required to support such charges. No new compliance actions or deadlines are imposed by this affirmation, as it pertains to a specific past conviction.

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March 13, 2026 Get Citation Alerts Add Note

People v. Abreu (Ernesto)

Appellate Terms of the Supreme Court of New York

Citations: 2026 NY Slip Op 50303(U)
Docket Number: 570051/21
Precedential Status: Non-Precedential
Opinion
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Cited By (1)
Summaries (0)
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Combined Opinion

People v Abreu (2026 NY Slip Op 50303(U))

Decided on March 13, 2026
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: James, P.J., Tisch, Perez, JJ.
570051/21

**The People of the State of New York, Respondent,

against

Ernesto Abreu, Defendant-Appellant.**

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Marisol Martinez-Alonso, J.), rendered January 7, 2020, convicting him, upon a plea of guilty, of driving while intoxicated, and imposing sentence.

Per Curiam.

Judgment of conviction (Marisol Martinez-Alonso, J.), rendered January 7, 2020, affirmed.

Since defendant waived the right to be prosecuted by information, the facial sufficiency of the accusatory instrument must be assessed under the standard required of a misdemeanor complaint (see People v Dumay, 23 NY3d 518, 522 [2014]). So viewed, the accusatory instrument was jurisdictionally valid because it described facts of an evidentiary nature establishing reasonable cause to believe that defendant operated a motor vehicle while in an intoxicated condition (see Vehicle and Traffic Law § 1192 [3]). Defendant's operation of the vehicle in question was satisfied by allegations that he was observed driving a specifically identified motor vehicle and crashing that vehicle into one owned by complainant (see People v Esposito, 33 NY3d 1016, 1017 [2019]; People v Gomez, 73 Misc 3d 140[A], 2021 NY Slip Op 51183[U] [App Term, 1st Dept 2021], lv denied 38 NY3d 927 [2022]). Defendant's intoxicated condition was satisfied by allegations that he had watery and bloodshot eyes, the strong odor of alcohol on his breath, was unsteady on his feet and had a blood alcohol level of .21% (see People v Hohmeyer, 70 NY2d 41, 43-44 [1987]; People v Fiumara, 116 AD3d 421 [2014], lv denied 23 NY3d 1036 [2014]; see also People v Dondorfer, — NY3d &mdash, 2026 NY Slip Op 00823 [2026]).