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People v Colligan (Edwin)
2008 NY Slip Op 51425(U) [20 Misc 3d 130(A)]
Decided on July 2, 2008
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on July 2, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ
2004-229 OR CR.

The People of the State of New York, Respondent,

against

Edwin J. Colligan, Appellant.


Appeal from judgments of the Justice Court of the Village of Otisville, Orange County (Leroy T. Brighton, J.), rendered February 2, 2004. The judgments convicted defendant, after a nonjury trial, of driving while intoxicated per se, driving while intoxicated, operating an uninspected motor vehicle, and operating a vehicle with a loud muffler.


Judgments of conviction affirmed.

Defendant was charged with driving while intoxicated per se (Vehicle and Traffic Law § 1192 [2]), driving while intoxicated (Vehicle and Traffic Law § 1192 [3]), operating an uninspected motor vehicle (Vehicle and Traffic Law § 306 [b]), and operating a vehicle with a loud muffler (Vehicle and Traffic Law § 375 [31]). The four simplified traffic informations indicated that the offenses took place in the Village of Otisville on "St RT 112." On this appeal, defendant contends that the court lacked geographical jurisdiction. However, the lower court found that the People proved that the offenses in question were committed within the geographical jurisdiction of the Village of Otisville. We note that we are bound by the record on appeal (People v Prior, 4 NY2d 70, 73 [1958]), and defendant has failed to show any error in the court's determination. Accordingly, the judgment is affirmed.

Rudolph, P.J., McCabe and Scheinkman, JJ., concur.