Opinion
2007-384 K CR.
Decided February 4, 2009.
Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Suzanne M. Mondo, J.), rendered January 18, 2007. The judgment convicted defendant, after a nonjury trial, of operating a motor vehicle while ability impaired.
Judgment of conviction affirmed.
PESCE, P.J., GOLIA and RIOS, JJ.
Defendant's specific challenge to the legal sufficiency of the evidence is unpreserved for appellate review ( see CPL 470.05; People v Gray, 86 NY2d 10). In any event, viewing the evidence in the light most favorable to the People ( see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish defendant's guilt of operating a motor vehicle while ability impaired (Vehicle and Traffic Law § 1192) beyond a reasonable doubt. 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; People v Danielson, 9 NY3d 342; People v Romero, 7 NY3d 633; People v Bleakley, 69 NY2d 490).
Accordingly, the judgment of conviction is affirmed.
Pesce, P.J., Golia and Rios, JJ., concur.