People v. Becht

Appellate Division of the Supreme Court of New York

People v. Becht

163 A.D.2d 811, 558 N.Y.S.2d 342, 1990 N.Y. App. Div. LEXIS 9465

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

DecidedJuly 13, 1990

StatusPublished

This text of 163 A.D.2d 811 (People v. Becht) 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. Becht, 163 A.D.2d 811, 558 N.Y.S.2d 342, 1990 N.Y. App. Div. LEXIS 9465 (N.Y. Ct. App. 1990).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of driving while intoxicated as a felony, defendant contends that the proof was legally insufficient. We disagree. Contrary to defendant’s argument, the proof was not wholly circumstantial and thus the moral certainty standard does not apply (see, People v Barnes, 50 NY2d 375, 380). Defendant himself testified that he was drunk, the results of the breathalyzer test were in evidence, and the arresting officer testified that defendant told him that he had been cruising and had stopped to relieve himself when his motorcycle tipped over. The proof was legally sufficient (see generally, People v Bleakley, 69 NY2d 490, 495).

We have examined defendant’s remaining arguments on appeal and find them lacking in merit. (Appeal from judgment of Orleans County Court, Miles, J.—felony driving while intoxicated.) Present—Dillon, P. J., Denman, Green, Pine and Lowery, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of driving while intoxicated as a felony, defendant contends that the proof was legally insufficient. We disagree. Contrary to defendant’s argument, the proof was not wholly circumstantial and thus the moral certainty standard does not apply (see, People v Barnes, 50 NY2d 375, 380). Defendant himself testified that he was drunk, the results of the breathalyzer test were in evidence, and the arresting officer testified that defendant told him that he had been cruising and had stopped to relieve himself when his motorcycle tipped over. The proof was legally sufficient (see generally, People v Bleakley, 69 NY2d 490, 495).

We have examined defendant’s remaining arguments on appeal and find them lacking in merit. (Appeal from judgment of Orleans County Court, Miles, J.—felony driving while intoxicated.) Present—Dillon, P. J., Denman, Green, Pine and Lowery, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

163 A.D.2d 811, 558 N.Y.S.2d 342, 1990 N.Y. App. Div. LEXIS 9465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-becht-nyappdiv-1990.

Opinion

Related

Cite This Page — Counsel Stack