Francisco Montalvo was allegedly observed speeding and failed to pull over in response to a police vehicle's flashing lights.
When Montalvo eventually stopped his car, he did so in the middle of the road and supposedly reeked of alcohol, had glassy eyes, and suffered from slurred speech.
Upon exiting his vehicle, Montalvo "staggered" and leaned on his car for support. And, after his arrest, was "combative" and refused a breathalyzer test.
Upon his conviction of speeding and driving while intoxicated, Montalvo appealed to the Appellate Term, Second Department, challenging the sufficiency of the evidence.
Because it thought the outcome consistent with the "weight of the evidence," the AT2 affirmed the conviction on appeal.
That record sure must have been heavy.
To download a copy of the Appellate Term's decision, please use this link: People v. Montalvo