Legal Opinion

People v. Clark

Appellate Division of the Supreme Court of the State of New York

Decided April 11, 2006Published

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo, J.), rendered October 21, 2003, convicting him of felony operation of a motor vehicle while under the influence of alcohol and failing to stay in a designated lane, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05 [2]). In any event, viewing the evidence in the light most favorable to the prosecution (see…

2Cases cited8 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. . GaimariNew York Court of Appeals · 1903
  4. People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
  5. People v. SandovalNew York Court of Appeals · 1974

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