| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
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