Legal Opinion
People v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 2008PublishedCited by 7 opinions
1Opinion of the Court
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of driving while intoxicated as a class D felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [former (ii)]), aggravated unlicensed operation of a motor vehicle in the *1411first degree (§511 [3] [a] [i]), and failure to stay within a traffic lane (§ 1128 [a]). As defendant correctly concedes, he failed to preserve for our review his contention that the evidence is legally insufficient to support his conviction of the count of driving while intoxicated (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19 [1995]).…
2Cases cited5 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. GrayNew York Court of Appeals · 1995
- People v. NievesNew York Court of Appeals · 2004
- People v. SammsNew York Court of Appeals · 2000
- People v. FigueroaAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by7 opinions
- People v. CollinsAppellate Division of the Supreme Court of the State of New York · 2011
- People v. MarshAppellate Division of the Supreme Court of the State of New York · 2023
- People v. WisniewskiAppellate Division of the Supreme Court of the State of New York · 2021
- People v. WisniewskiAppellate Division of the Supreme Court of the State of New York · 2021
- COLLINS, AARON, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011
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