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People v. Cerqueira (John)

Appellate Term of the Supreme Court of New York, Second Department
Nov 20, 2008
2008 N.Y. Slip Op. 52375 (N.Y. App. Term 2008)

Opinion

2007-1072 N CR.

Decided November 20, 2008.

Appeal from judgments of the District Court of Nassau County, First District (Norman St. George, J.), rendered June 15, 2007. The judgments convicted defendant, after a jury trial, of driving while intoxicated and failing to signal before turning.

Judgments of conviction affirmed.

RUDOLPH, P.J., McCABE and MOLIA, JJ.


Following a jury trial, defendant was convicted of driving while intoxicated (Vehicle and Traffic Law § 1192) and failing to signal before turning (Vehicle and Traffic Law § 1163 [a]). Viewing the evidence in the light most favorable to the People ( see People v Contes, 60 NY2d 620), we find that the evidence adduced at trial was legally sufficient to establish defendant's guilt of said offenses beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence ( see CPL 470.15; People v Danielson, 9 NY3d 342; People v Romero, 7 NY3d 633; People v Bleakley, 69 NY2d 490). Defendant's remaining contentions are either unpreserved for appellate review or lack merit.

Rudolph, P.J., McCabe and Molia, JJ., concur.


Summaries of

People v. Cerqueira (John)

Appellate Term of the Supreme Court of New York, Second Department
Nov 20, 2008
2008 N.Y. Slip Op. 52375 (N.Y. App. Term 2008)
Case details for

People v. Cerqueira (John)

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN CERQUEIRA…

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

Date published: Nov 20, 2008

Citations

2008 N.Y. Slip Op. 52375 (N.Y. App. Term 2008)