Opinion
KA 02-01004.
November 21, 2003.
Appeal from a judgment of Genesee County Court (Noonan, J.), entered October 17, 2001, convicting defendant after a jury trial of, inter alia, felony driving while intoxicated.
Gary A. Horton, Public Defender, Batavia (Bridget L. Field of Counsel), for Defendant-Appellant.
Lawrence Friedman, District Attorney, Batavia (William G. Zickl of Counsel), for Plaintiff-Respondent.
Before: Present Green, J.P., Wisner, Scudder, Gorski, and Lawton, JJ.
MEMORANDUM AND ORDER
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 felony driving while intoxicated (Vehicle and Traffic Law § 1192; § 1193 [1][c][i]) and aggravated unlicensed operation of a motor vehicle in the first degree (§ 511 [3][a]). Contrary to defendant's contentions, the conviction is supported by legally sufficient evidence ( see People v. Dugan, 188 A.D.2d 927, 928, lv denied 81 N.Y.2d 839), and the verdict is not against the weight of the evidence ( see generally People v. Bleakley, 69 N.Y.2d 490, 495).