People v. Toth

Appellate Division of the Supreme Court of New York

People v. Toth

266 A.D.2d 846, 697 N.Y.S.2d 791, 1999 N.Y. App. Div. LEXIS 11845

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

DecidedNovember 12, 1999

StatusPublished

This text of 266 A.D.2d 846 (People v. Toth) 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. Toth, 266 A.D.2d 846, 697 N.Y.S.2d 791, 1999 N.Y. App. Div. LEXIS 11845 (N.Y. Ct. App. 1999).

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Opinion

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a nonjury trial of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]) and other crimes. The verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). The testimony of a police officer concerning his observation of defendant, as well as the testimony of defendant’s witnesses that defendant had been drinking that night, is sufficient to establish defendant’s intoxication (see, People v Donhauser, 255 AD2d 933). In light of defendant’s extensive history of alcohol-related offenses, the sentence is neither unduly harsh nor severe. (Appeal from Judgment of Erie County Court, DiTullio, J. — Felony Driving While Intoxicated.) Present — Green, J. P., Lawton, Hayes, Hurlbutt and Balio, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a nonjury trial of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]) and other crimes. The verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). The testimony of a police officer concerning his observation of defendant, as well as the testimony of defendant’s witnesses that defendant had been drinking that night, is sufficient to establish defendant’s intoxication (see, People v Donhauser, 255 AD2d 933). In light of defendant’s extensive history of alcohol-related offenses, the sentence is neither unduly harsh nor severe. (Appeal from Judgment of Erie County Court, DiTullio, J. — Felony Driving While Intoxicated.) Present — Green, J. P., Lawton, Hayes, Hurlbutt and Balio, JJ.

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Bluebook (online)

266 A.D.2d 846, 697 N.Y.S.2d 791, 1999 N.Y. App. Div. LEXIS 11845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-toth-nyappdiv-1999.

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