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People v. Wynter

Appellate Term of the Supreme Court of New York, Second Department
Oct 30, 2003
2003 N.Y. Slip Op. 51411 (N.Y. App. Term 2003)

Opinion

570356/02.

Decided October 30, 2003.

Defendant appeals from a judgment of the Criminal Court, New York County, rendered February 14, 2002 after a nonjury trial (Ruth Pickholz, J.) convicting him of aggravated unlicensed operation of a motor vehicle in the third degree (Vehicle and Traffic Law § 511[a]), and imposing sentence.

Judgment of conviction rendered February 14, 2002 (Ruth Pickholz, J.) affirmed.

PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. PHYLLIS GANGEL-JACOB, Justices.


Defendant's challenge to the legal sufficiency of the evidence is unpreserved for review ( People v. Gray, 86 NY2d 10) and, in any event, lacks merit. Based upon the defendant's furtive conduct at the scene and his statement to police that he did not have a driver's license, the trial court rationally could find that defendant knew or had reason to know that his driver's license was suspended at the time of the occurrence ( see, Vehicle and Traffic Law § 511[a]; cf., People v. Ham, 265 AD2d 674). Upon an independent review of the facts, we are satisfied that the verdict was not against the weight of the evidence.

We perceive no basis for reducing the sentence.

This constitutes the decision and order of the court.


Summaries of

People v. Wynter

Appellate Term of the Supreme Court of New York, Second Department
Oct 30, 2003
2003 N.Y. Slip Op. 51411 (N.Y. App. Term 2003)
Case details for

People v. Wynter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFRETH WYNTER…

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

Date published: Oct 30, 2003

Citations

2003 N.Y. Slip Op. 51411 (N.Y. App. Term 2003)

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