People v. Montford

Appellate Division of the Supreme Court of New York

People v. Montford

8 A.D.3d 681, 778 N.Y.S.2d 895, 2004 N.Y. App. Div. LEXIS 9117

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

DecidedJune 28, 2004

StatusPublished

This text of 8 A.D.3d 681 (People v. Montford) 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. Montford, 8 A.D.3d 681, 778 N.Y.S.2d 895, 2004 N.Y. App. Div. LEXIS 9117 (N.Y. Ct. App. 2004).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Collini, J.), rendered January 6, 2003, convicting him of driving while intoxicated per se in violation of Vehicle and Traffic Law § 1192 (2), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the evidence adduced at trial was legally insufficient to support his conviction of driving while intoxicated per se as the prosecution failed to establish the element of intoxication. This contention is unpreserved for appellate review (see CPL 470.05 [2]; People v Udzinski, 146 AD2d 245 [1989]), and in any event, is without merit. Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), 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 sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Santucci, J.P., Schmidt, Rivera and Lifson, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Collini, J.), rendered January 6, 2003, convicting him of driving while intoxicated per se in violation of Vehicle and Traffic Law § 1192 (2), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the evidence adduced at trial was legally insufficient to support his conviction of driving while intoxicated per se as the prosecution failed to establish the element of intoxication. This contention is unpreserved for appellate review (see CPL 470.05 [2]; People v Udzinski, 146 AD2d 245 [1989]), and in any event, is without merit. Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), 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 sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Santucci, J.P., Schmidt, Rivera and Lifson, JJ., concur.

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Bluebook (online)

8 A.D.3d 681, 778 N.Y.S.2d 895, 2004 N.Y. App. Div. LEXIS 9117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-montford-nyappdiv-2004.

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