People v. O'Connor

Appellate Division of the Supreme Court of New York

People v. O'Connor

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

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

DecidedNovember 17, 2006

StatusPublished

This text of 34 A.D.3d 1322 (People v. O'Connor) 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. O'Connor, 34 A.D.3d 1322, 824 N.Y.S.2d 531 (N.Y. Ct. App. 2006).

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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.

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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.

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Bluebook (online)

34 A.D.3d 1322, 824 N.Y.S.2d 531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-oconnor-nyappdiv-2006.

Opinion

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