People v. Alarcon

Appellate Division of the Supreme Court of New York

People v. Alarcon

272 A.D.2d 621, 708 N.Y.S.2d 626, 2000 N.Y. App. Div. LEXIS 5996

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 30, 2000

StatusPublished

This text of 272 A.D.2d 621 (People v. Alarcon) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Alarcon, 272 A.D.2d 621, 708 N.Y.S.2d 626, 2000 N.Y. App. Div. LEXIS 5996 (N.Y. Ct. App. 2000).

Pincite

Opinion

—Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered June 17, 1998, convicting him of driving while intoxicated, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s assertions on appeal, the County Court providently exercised its discretion in ordering that he be tried in absentia (see, People v Sanchez, 65 NY2d 436; People v Parker, 57 NY2d 136).

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 sentence was not excessive (see, People v Suitte, 90 AD2d 80). Ritter, J. P., Thompson, S. Miller and Florio, JJ., concur.

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