People v. Bachstein

OPINION OF THE COURT

Christopher S. Ciaccio, J.

Defendant Jay Bachstein appeals from a judgment of the East Rochester Town Court (Brown-Steiner, J.), entered January 6, 2014, convicting him after a bench trial of aggravated driving while intoxicated (Vehicle and Traffic Law § 1192 [2-a]).

Defendant argues that the evidence was legally insufficient to prove that he operated a motor vehicle and that the verdict was against the weight of the evidence. The People addressed the substantive arguments, but first argued that his appeal should be dismissed as jurisdictionally defective under CPL 460.10…