Appeal by defendant from a judgment of the Justice Court, Town of Bedford, Westchester County (C. Banks, J.), rendered November 26, 2002, convicting him of driving while intoxicated (Vehicle and Traffic Law § 1192 [3]) and imposing sentence.

Judgment of conviction unanimously affirmed.

Defendant's contention that the evidence was legally insufficient to establish his guilt of driving while intoxicated beyond a reasonable doubt is unpreserved for appellate review (CPL 470.05 [2]; People v Gray, 86 NY2d 10 [1995]; People v Udzinski, 146 AD2d 245 [1989]). In any event, viewing the evidence in a light most favorable to the people (People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish 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]).

Finally, in light of the overwhelming evidence of defendant's guilt, the admission at trial of the testimony of Trooper Martin regarding the results of defendant's Alco-Sensor test was harmless error (Pepple v Crimmins, 36 NY2d 230 [1975]; People v Thomas, 121 AD2d 73 [1986], affd 70 NY2d 823 [1987]).
Decision Date: December 12, 2003