Opinion
KA 05-00198.
February 3, 2006.
Appeal from a judgment of the Oswego County Court (Walter W. Hafner, Jr., J.), rendered May 21, 2004. The judgment convicted defendant, upon a jury verdict, of driving while intoxicated as a felony (two counts).
CARL M. DARNALL, FAIRPORT, FOR DEFENDANT-APPELLANT.
DONALD H. DODD, DISTRICT ATTORNEY, OSWEGO (SUSAN R. RIDER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present: Pigott, Jr., P.J., Hurlbutt, Martoche, Pine and Hayes, 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 after a jury trial of two counts of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192, [3]; § 1193 [1] [c] [ii]). Contrary to defendant's contention, the verdict is not against the weight of the evidence ( see generally People v. Bleakley, 69 NY2d 490, 495). Defendant's further contention that County Court erred in taking judicial notice of the operation of a generator at the Oswego Public Safety Center is not preserved for our review ( see CPL 470.05), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see CPL 470.15 [a]). Defendant also failed to preserve for our review his contention that the court failed to provide a meaningful response to an inquiry by the jury ( see CPL 470.05) and, in any event, that contention lacks merit ( see generally People v. Santi, 3 NY3d 234, 248-249).
We have reviewed defendant's remaining contentions and conclude that they are without merit.