Majority
p. 994The People of the State of New York, Respondent, v Kenneth A. Marek, Appellant. [726 NYS2d 887]
—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that the verdict finding him guilty of driving while intoxicated (Vehicle and Traffic Law § 1192 [3]) is against the weight of the evidence (see, People v Pierce, 268 AD2d 883 , lv denied 94 NY2d 924 ; People v D’Angelo, 244 AD2d 788 , 789, lv denied 91 NY2d 890 ). The sentence is not unduly harsh or severe. (Appeal from Judgment of Erie County Court, Drury, J.— Felony Driving While Intoxicated.) Present — Green, J. P., Hayes, Wisner, Kehoe and Lawton, JJ.
Cases cited
- People v. D'Angelo 244 AD2d 788 at 789 p. 994