People v. Beharry

139 A.D.3d 869, 29 N.Y.S.3d 825

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 11, 2016
• Docket: 2012-09423
• Status: Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered September 21, 2012, convicting him of operating a motor vehicle while under the influence of alcohol, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that certain testimony regarding his intoxication was improperly elicited is unpreserved for appellate review (see CPL 470.05 [2]; People v Jackson, 100 AD3d 1018 [2012]). In any event, the Supreme Court did not err in allowing a police officer to testify as to his opinion regarding whether the defendant was intoxicated (see People v Bennett, 238 AD2d 898, 899 [1997]; People v Bost, 133 AD2d 930 [1987]). The court also did not err in permitting a paramedic to offer an expert opinion with respect to the defendant’s intoxication, since his testimony related to matters beyond the ken of the typical juror (see People v Davis, 118 AD3d 906, 907 [2014]; People v Fernandez, 78 AD3d 726 [2010]).

The defendant’s contention with respect to the prosecutor’s summation is unpreserved for appellate review (see CPL 470.05 [2]) and, in any event, without merit.

Rivera, J.P., Balkin, Barros and Connolly, JJ., concur.