← Cases

People v. Malone

264 A.D.2d 429 Court N.Y. App. Div. Decision date 1999-08-09 English

Contents

Majority

p. 429
The People of the State of New York, Respondent, v Weldon Malone, Appellant.
[693 NYS2d 449]

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered May 5, 1997, convicting him of operating a motor vehicle while intoxicated, reckless endangerment in the first degree, resisting arrest, reckless driving, and exceeding the maximum speed limit, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

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

The defendant’s contention that the sentence is excessive is without merit (see, People v Suitte, 90 AD2d 80 ).

The defendant’s remaining contentions are either without merit or do not require reversal. Ritter, J. P., Thompson, Altman and Friedmann, JJ., concur.

Cases cited