People v. Del Rosario-Martinez - DWI and Leaving Scene Conviction Affirmed

New York Appellate Terms

Filed March 3rd, 2026

Detected March 5th, 2026

Summary

The Appellate Term of the Supreme Court of New York affirmed a conviction for driving while impaired and leaving the scene of an incident. The court found the verdict was not against the weight of the evidence and rejected arguments based on new evidence not presented at trial.

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What changed

The Appellate Term of the Supreme Court of New York, First Department, affirmed a judgment of conviction against Ronny Del Rosario-Martinez for driving while impaired by alcohol and leaving the scene of an incident without reporting. The court found that the evidence presented at the non-jury trial was sufficient to support the conviction, including police testimony regarding the defendant's intoxication and his flight from the scene of a car accident.

This decision upholds the lower court's conviction and sentence. The appellate court also ruled that new evidence presented by the defendant on appeal could not be considered, as it was not part of the original trial record. Such evidence would need to be addressed in a separate proceeding (CPL 440.10). There are no new compliance requirements or deadlines imposed by this ruling; it pertains to the final disposition of a specific criminal case.

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March 3, 2026 Get Citation Alerts Add Note

People v. Del Rosario-Martinez (Ronny)

Appellate Terms of the Supreme Court of New York

Citations: 2026 NY Slip Op 50253(U)
Docket Number: 570062/19
Precedential Status: Non-Precedential
Opinion
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Cited By (0)
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Combined Opinion

People v Del Rosario-Martinez (2026 NY Slip Op 50253(U))

[1]
| *People v Del Rosario-Martinez (Ronny)** |
| 2026 NY Slip Op 50253(U) |
| Decided on March 3, 2026 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |

Decided on March 3, 2026
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: James, P.J., Brigantti, Alpert, JJ.
570062/19

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

against

Ronny Del Rosario-Martinez, Defendant-Appellant.**

Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Steven J. Hornstein, J.), rendered October 31, 2018, after a nonjury trial, convicting him of driving while impaired and leaving the scene of an incident, and imposing sentence.

Per Curiam.

Judgment of conviction (Steven J. Hornstein, J.), rendered October 31, 2018, affirmed.

The verdict convicting defendant of driving while ability impaired by alcohol (see Vehicle and Traffic Law § 1192 [1]) and leaving the scene of an incident without reporting (see Vehicle and Traffic Law § 600 [1] [a]) was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court's credibility determinations, including its assessment of police testimony that defendant's vehicle crashed into an unoccupied double-parked car at approximately 3:00 a.m., causing a loud boom, and then drove away. When stopped by police about three blocks from the scene, defendant exhibited classic signs of intoxication, including bloodshot and watery eyes, slurred speech, an odor of alcohol on his breath, and was unbalanced and unsteady on his feet (see People v Cruz, 48 NY2d 419, 426-428 [1979]; People v Martinez, 186 AD3d 1165, 1165-1166 [2020]). Any discrepancies and inconsistencies in the arresting officers' testimony or challenges to their credibility were fully explored by defense counsel on cross-examination and we find no basis to disturb the court's resolution of the issues (see People v Jones, 79 AD3d 1073, 1073-1074 [2010], lv denied 17 NY3d 954 [2011]).

The new evidence referred to in defendant-appellant's briefs "was not before [Criminal] Court prior to the judgment of conviction being rendered and constitute matter dehors the record, [2]which may not be considered on direct appeal from the judgment" (People v Saka, 197 AD3d 1331, 1332 [2021], *lv denied 37 NY3d 1099 [2021]). A CPL 440.10 proceeding is the appropriate forum for considering such material with respect to the subject judgment of conviction (see CPL 440.10 [1] [g]).

All concur.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Clerk of the Court

Decision Date: March 3, 2026