People v. Rattelade

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of two counts of felony driving while intoxicated (DWI) (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c]). He contends that there was legally insufficient evidence before the Grand Jury of his predicate DWI conviction. That issue, however, is not before us because "the insufficiency of the evidence * * * before the Grand Jury is not reviewable upon appeal from the ensuing judgment of conviction, which is based on legally sufficient trial evidence” (People v Johnson, 204 AD2d 1024, lv denied 84…