People v. Powers — 256 A.D.2d 477

Majority

p. 477

The People of the State of New York, Respondent, v James Powers, Appellant.

[683 NYS2d 431]

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Lefkowitz, J.), rendered January 4, 1995, convicting him of driving while intoxicated as a felony, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s legal sufficiency claim is unpreserved for appellate review (see, CPL 470.05 [2]; People v Bynum, 70 NY2d 858 ; People v Tucker, 196 AD2d 902 ). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power,

p. 478

we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions are without merit. Rosenblatt, J. P., Ritter, Copertino and Thompson, JJ., concur.

Cases cited

People v. Bynum 70 NY2d 858 N.Y. 1987-11-24 p. 477
People v. Tucker 196 AD2d 902 N.Y. App. Div. 1993-09-27 p. 477
People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 477