People v. Owens

Appeal from a judgment of the Monroe County Court (Elma A. Bellini, J.), rendered October 3, 2001. The judgment convicted defendant, upon a jury verdict, of rape in the first degree.

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

Memorandum: Defendant appeals from a judgment convicting him, following a jury trial, of rape in the first degree (Penal Law § 130.35 [1]). Defendant contends that County Court erred in granting the People’s motion to preclude evidence concerning the results of the Alco-Sensor tests used to determine the blood alcohol level of the…