People v. Everts

Appeal from a judgment of Cattaraugus County Court (Himelein, J.), entered July 24, 2000, convicting defendant after a jury trial of, inter alia, felony driving while intoxicated.

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

Memorandum: Defendant failed to preserve for our review his contention that the conviction of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [2]; § 1193 [1] [c] [i]) is not supported by legally sufficient evidence (see, People v Gray, 86 NY2d 10, 19). In any event, that contention is without merit.…