People v. Julius

Appeal from a judgment of the Monroe County Court (Victoria M. Argento, J.), rendered June 30, 2011. The judgment convicted defendant, upon a nonjury verdict, of driving while intoxicated, a class D felony.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a nonjury verdict of felony driving while intoxicated ([DWI] Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [ii]). Contrary to defendant’s contention, the evidence is legally sufficient to establish that he operated a motor vehicle in an…