| People v Dash (Derrick) |
| 2009 NY Slip Op 50202(U) [22 Misc 3d 132(A)] |
| Decided on February 4, 2009 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through February 24, 2009; it will not be published in the printed Official Reports. |
Appeal from a judgment of the Criminal Court of the City of New York, Kings County
(Suzanne M. Mondo, J.), rendered January 18, 2007. The judgment convicted defendant, after a
nonjury trial, of operating a motor vehicle while ability impaired.
Judgment of conviction affirmed.
Defendant's specific challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10 [1995]). In any event, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish defendant's guilt of operating a motor vehicle while ability impaired (Vehicle and Traffic Law § 1192 [1]) 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]; People v Danielson, 9 NY3d 342 [2007]; People v Romero, 7 NY3d 633 [2006]; People v Bleakley, 69 NY2d 490 [1987]).
Accordingly, the judgment of conviction is affirmed.
Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: February 04, 2009