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People v. Legagneux

Appellate Division of the Supreme Court of New York, Second Department
Jul 19, 1999
263 A.D.2d 517 (N.Y. App. Div. 1999)

Opinion

Submitted June 3, 1999

July 19, 1999

Appeal by the defendant from a judgment of the County Court, Putnam County (Braatz, J.), rendered May 15, 1996, convicting him of driving while intoxicated, reckless endangerment in the second degree, and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.

Gary E. Eisenberg, Monroe, N.Y., for appellant, and appellant pro se.

Kevin L. Wright, District Attorney, Carmel, N.Y. (Mary Jane MacCrae of counsel), for respondent.

SONDRA MILLER, J.P., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Having failed to raise a relevant objection at trial, the defendant has not preserved for appellate review the issue of the sufficiency of the evidence underlying his conviction for driving while intoxicated ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in a light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620) we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see, People v. Kane, 240 A.D.2d 516; People v. Cooper, 219 A.D.2d 426; People v. Whelan, 165 A.D.2d 313). Moreover, upon the exercise of our factual review power, we are satisfied that the jury's verdict was not against the weight of the evidence ( see, CPL 470.15).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.


Summaries of

People v. Legagneux

Appellate Division of the Supreme Court of New York, Second Department
Jul 19, 1999
263 A.D.2d 517 (N.Y. App. Div. 1999)
Case details for

People v. Legagneux

Case Details

Full title:THE PEOPLE, etc., respondent, v. CHRISTOPHER LEGAGNEUX, appellant. (Ind…

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

Date published: Jul 19, 1999

Citations

263 A.D.2d 517 (N.Y. App. Div. 1999)
691 N.Y.S.2d 922

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