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People v Cerqueira (John)
2008 NY Slip Op 52375(U) [21 Misc 3d 141(A)]
Decided on November 20, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 20, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., McCABE and MOLIA, JJ
2007-1072 N CR.

The People of the State of New York, Respondent,

against

John Cerqueira, Appellant.


Appeal from judgments of the District Court of Nassau County, First District (Norman St. George, J.), rendered June 15, 2007. The judgments convicted defendant, after a jury trial, of driving while intoxicated and failing to signal before turning.


Judgments of conviction affirmed.

Following a jury trial, defendant was convicted of driving while intoxicated (Vehicle and Traffic Law § 1192 [3]) and failing to signal before turning (Vehicle and Traffic Law § 1163 [a]). Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find that the evidence adduced at trial was legally sufficient to establish defendant's guilt of said offenses beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]; People v Romero, 7 NY3d 633 [2006]; People v Bleakley, 69 NY2d 490 [1987]). Defendant's remaining contentions are either unpreserved for appellate review or lack merit.

Rudolph, P.J., McCabe and Molia, JJ., concur.
Decision Date: November 20, 2008