People v. Powers

Appellate Division of the Supreme Court of New York

People v. Powers

256 A.D.2d 477, 683 N.Y.S.2d 431, 1998 N.Y. App. Div. LEXIS 13458

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

DecidedDecember 16, 1998

StatusPublished

This text of 256 A.D.2d 477 (People v. Powers) 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. Powers, 256 A.D.2d 477, 683 N.Y.S.2d 431, 1998 N.Y. App. Div. LEXIS 13458 (N.Y. Ct. App. 1998).

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Opinion

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Lefkowitz, J.), rendered January 4, 1995, convicting him of driving while intoxicated as a felony, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s legal sufficiency claim is unpreserved for appellate review (see, CPL 470.05 [2]; People v Bynum, 70 NY2d 858; People v Tucker, 196 AD2d 902). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), 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, [478]*478we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions are without merit. Rosenblatt, J. P., Ritter, Copertino and Thompson, JJ., concur.

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—Appeal by the defendant from a judgment of the County Court, Suffolk County (Lefkowitz, J.), rendered January 4, 1995, convicting him of driving while intoxicated as a felony, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s legal sufficiency claim is unpreserved for appellate review (see, CPL 470.05 [2]; People v Bynum, 70 NY2d 858; People v Tucker, 196 AD2d 902). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), 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, [478]*478we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions are without merit. Rosenblatt, J. P., Ritter, Copertino and Thompson, JJ., concur.

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Bluebook (online)

256 A.D.2d 477, 683 N.Y.S.2d 431, 1998 N.Y. App. Div. LEXIS 13458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-powers-nyappdiv-1998.

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