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People v. Johnson

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,
v.
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.

Memorandum

Defendant appeals from a judgment convicting him, following a non-jury trial, of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [former (i)]), aggravated unlicensed operation of a motor vehicle in the first degree (§ 511 [3] [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.

20101112

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