Opinion
KA 01-00081
February 1, 2002.
Appeal from a judgment of Wayne County Court (Kehoe, J.), entered May 23, 2000, convicting defendant after a jury trial of, inter alia, felony driving while intoxicated.
RONALD C. VALENTINE, PUBLIC DEFENDER, LYONS (JOHN E. TYO OF COUNSEL), FOR DEFENDANT-APPELLANT.
RICHARD M. HEALY, DISTRICT ATTORNEY, LYONS (DAVID V. SHAW OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, BURNS, AND LAWTON, JJ.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him following a jury trial of felony driving while intoxicated (Vehicle and Traffic Law § 1192; § 1193 [1] [c] [ii]) and aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [a] [i]). Defendant failed to preserve for our review his contentions that his arraignment on the special information filed pursuant to CPL 200.60 ( see, CPL 470.05) was untimely and that County Court erred in failing to require transcription of the precharge conference in chambers, and 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 further contention of defendant that he was entitled to be present during the precharge conference in chambers ( see, People v. Velasco, 77 N.Y.2d 469, 472). Contrary to defendant's remaining contentions, the verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495) and the sentence is not unduly harsh or severe.