LAW.coLAW.co

The People of the State of New York, Respondent, v. Christopher Legagneux, Appellant

New York Supreme Court, Appellate Division1999-07-19
263 A.D.2d 517691 N.Y.S.2d 922

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

—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.

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 [2]; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in a light most favorable to the prosecution (see, People v Contes, 60 NY2d 620) we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see, People v Kane, 240 AD2d 516; People v Cooper, 219 AD2d 426, affd 90 NY2d 292; People v Whelan, 165 AD2d 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 [5]).

The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are without merit. S. Miller, J. P., Santucci, Krausman and Florio, JJ., concur.