People v. Sabin

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]). We reject defendant’s contention that County Court’s Sandoval ruling constituted an abuse of discretion (see, People v Gray, 84 NY2d 709, 712). The verdict is supported by legally sufficient evidence and is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Contrary to defendant’s further contention, there was no Payton violation. The officer did not arrest…