SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 12, 2010
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
CHARLES T. JOHNSON, DEFENDANT-APPELLANT.
Appeal from a judgment of the Supreme Court, Erie County (John L. Michalski, A.J.), rendered April 22, 2009. The judgment convicted defendant, upon a non jury verdict, of driving while intoxicated, a class E felony, aggravated unlicensed operation of a motor vehicle in the first degree and failure to stay within a single lane.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: SMITH, J.P., LINDLEY, SCONIERS, PINE, AND GORSKI, JJ.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Defendant appeals from a judgment convicting him, following a non-jury trial, of felony driving while intoxicated (Vehicle and Traffic Law § 1192 ; § 1193  [c] [former (i)]), aggravated unlicensed operation of a motor vehicle in the first degree (§ 511  [a] [i]) and failure to stay within a single lane (§ 1128 [a]). Defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction because his motion for a trial order of dismissal "was not specifically directed at the ground[s] advanced on appeal" (People v Vassar, 30 AD3d 1051, 1052, lv denied 7 NY3d 796; see People v Hawkins, 11 NY3d 484, 492; People v Gray, 86 NY2d 10, 19). In any event, we reject that contention (see generally People v Bleakley, 69 NY2d 490, 495). The sentence is not unduly harsh or severe.
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