What is the evidence against a defendant who was stopped by a state trooper for common law driving while intoxicated?

In our view, the state trooper testified credibly as to his observations that, over a distance of a mile and a half, defendant had committed numerous traffic violations, thereby exhibiting a significantly diminished capacity for judgment as to the operation of his vehicle, for example, driving within three feet of other vehicles at speeds exceeding 80 miles per hour, changing lanes at those speeds without signaling, and attempting precipitously to pass other vehicles, on one occasion on the right by using the shoulder. After stopping defendant, the trooper detected the odor of an alcoholic beverage emanating from defendant's vehicle and from his breath, and he discovered an almost-empty can of beer on the passenger side of the driver's seat. Defendant admitted to having consumed an alcoholic beverage, albeit 24 hours before; his eyes were glassy and bloodshot; he stumbled when exiting his vehicle, requiring the trooper to assist him to remain upright and to move off the highway pavement; and he swayed and placed his hand on his vehicle to steady himself. Defendant's refusals to submit to field sobriety tests and to a blood alcohol test are indicia of a consciousness of guilt. According this testimony the appropriate weight, we are of the opinion that the verdict finding defendant guilty of common-law driving while intoxicated was not against the weight of the evidence (see e.g. People v. Carota, 93 AD3d 1072, 1073 [2012] ; People v. Johnson, 70 AD3d 1188, 1189 [2010] ).