People v. Rutkowski

—Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered April 1, 2002, convicting him of driving while intoxicated and criminal contempt in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that the…