Opinion
KA 02-00619.
December 30, 2004.
Appeal from a judgment of the Ontario County Court (Frederic T. Henry, Jr., J.), rendered December 12, 2001. The judgment convicted defendant, upon a jury verdict, of felony driving while intoxicated and driving while ability impaired.
Before: Pine, J.P., Scudder, Kehoe, Smith and Lawton, JJ.
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, inter alia, driving while intoxicated (Vehicle and Traffic Law § 1192; § 1193 [1] [c] [ii]). Defendant failed to preserve for our review his contention that he was denied a fair trial because County Court sustained certain objections made by the prosecutor during cross-examination of a witness for the prosecution ( see CPL 470.05; People v. George, 67 NY2d 817, 818-819). In any event, defendant's contention is without merit.