People v. O'Connor

34 A.D.3d 1322, 824 N.Y.S.2d 531

Opinion

Appeal from ajudgment of the Herkimer County Court (Charles C. Merrell, A.J.), rendered February 18, 2005. The judgment convicted defendant, after a nonjury trial, of felony driving while intoxicated and two traffic infractions.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [i]) and two traffic infractions. Defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction (see People v Gray, 86 NY2d 10, 19 [1995]). In any event, the evidence is legally sufficient to support the conviction and, contrary to defendant’s further contention, the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Also contrary to the contention of defendant, the record establishes that he received effective assistance of counsel (see generally People v Baldi, 54 NY2d 137,147 [1981]). We have considered defendant’s remaining contentions and conclude that they are without merit. Present—Kehoe, J.E, Martoche, Smith and Pine, JJ.