People v. Condes

Appellate Division of the Supreme Court of New York

People v. Condes

144 A.D.2d 379, 533 N.Y.S.2d 780, 1988 N.Y. App. Div. LEXIS 11138

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

DecidedNovember 7, 1988

StatusPublished

This text of 144 A.D.2d 379 (People v. Condes) 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. Condes, 144 A.D.2d 379, 533 N.Y.S.2d 780, 1988 N.Y. App. Div. LEXIS 11138 (N.Y. Ct. App. 1988).

Pincite

Opinion

Appeal by the defendant from a judgment of the County Court, Westchester County (Aison, J.), rendered December 11, 1987, convicting him of operating a motor vehicle while under the influence of alcohol as a felony (two counts), after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed, and the case is remitted to the County Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).

The defendant argues that the verdict finding him guilty of operating a motor vehicle under the influence of alcohol was against the weight of the evidence, further contending that the People presented only circumstantial evidence that he in fact was the operator of the vehicle, while he presented direct evidence that he was not. Contrary to the defendant’s assertion, we find there was direct evidence adduced at trial which clearly establishes that he was the operator and only occupant of the vehicle immediately prior to his arrest. Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15 [5]).

In addition, we find the defendant’s contention that the sentence imposed was excessive to be without merit. This was the defendant’s third conviction for an offense related to driving under the influence of alcohol in a five-year period. Under these circumstances, a period of imprisonment was justified.

The defendant’s remaining contention is unpreserved for appellate review. Mollen, P. J., Thompson, Rubin and Eiber, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Westchester County (Aison, J.), rendered December 11, 1987, convicting him of operating a motor vehicle while under the influence of alcohol as a felony (two counts), after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed, and the case is remitted to the County Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).

The defendant argues that the verdict finding him guilty of operating a motor vehicle under the influence of alcohol was against the weight of the evidence, further contending that the People presented only circumstantial evidence that he in fact was the operator of the vehicle, while he presented direct evidence that he was not. Contrary to the defendant’s assertion, we find there was direct evidence adduced at trial which clearly establishes that he was the operator and only occupant of the vehicle immediately prior to his arrest. Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15 [5]).

In addition, we find the defendant’s contention that the sentence imposed was excessive to be without merit. This was the defendant’s third conviction for an offense related to driving under the influence of alcohol in a five-year period. Under these circumstances, a period of imprisonment was justified.

The defendant’s remaining contention is unpreserved for appellate review. Mollen, P. J., Thompson, Rubin and Eiber, JJ., concur.

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Bluebook (online)

144 A.D.2d 379, 533 N.Y.S.2d 780, 1988 N.Y. App. Div. LEXIS 11138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-condes-nyappdiv-1988.