Opinion
2002-03243
Submitted November 14, 2002.
December 9, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered April 1, 2002, convicting him of driving while intoxicated and criminal contempt in the second degree, upon a jury verdict, and imposing sentence.
Mischel, Neuman Horn, P.C., New York, N.Y. (Richard E. Mischel of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (John J. Ribeiro of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, HOWARD MILLER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings pursuant to CPL 460.50(5).
Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant was operating the motor vehicle in question while intoxicated in violation of Vehicle and Traffic Law § 1192(3) (see People v. Kane, 240 A.D.2d 516; People v. Nedoroscik, 178 A.D.2d 684; People v. Le Beau, 134 A.D.2d 929). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15).
The defendant failed to establish that he was denied the effective assistance of counsel (see People v. Benevento, 91 N.Y.2d 708; People v. Baldi, 54 N.Y.2d 137, 146).
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.