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People v. Hathaway

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1997
245 A.D.2d 1066 (N.Y. App. Div. 1997)

Opinion

December 31, 1997

Present — Green, J. P., Pine, Wisner, Callahan and Fallon, JJ.


Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for our review his contentions that Supreme Court erred in receiving evidence of his refusal to submit to a breathalyzer test ( see, People v. Peabody, 206 A.D.2d 754, 755) and that the evidence is insufficient to support the conviction of driving while intoxicated ( see, People v. Gray, 86 N.Y.2d 10, 19). We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). We reject the contention that the court erred in admitting the photograph taken of defendant at the time of his arrest ( see, People v. Logan, 25 N.Y.2d 184, 195, cert denied 396 U.S. 1020; People v. Dent, 183 A.D.2d 723, 723-724, lv denied 80 N.Y.2d 928). Finally, the court properly exercised its discretion in precluding a lay defense witness from offering his opinion with respect to defendant's intoxication ( see, People v. Jacobs, 188 A.D.2d 897, 899, lv denied 81 N.Y.2d 887). (Appeal from Judgment of Supreme Court, Erie County, Rossetti, J. — Felony Driving While Intoxicated.)


Summaries of

People v. Hathaway

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1997
245 A.D.2d 1066 (N.Y. App. Div. 1997)
Case details for

People v. Hathaway

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY E. HATHAWAY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 31, 1997

Citations

245 A.D.2d 1066 (N.Y. App. Div. 1997)
666 N.Y.S.2d 74

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