| People v Johnson |
| 2010 NY Slip Op 08213 [78 AD3d 1548] |
| November 12, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Charles T.Johnson, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Sarah E. Ryan of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (John L. Michalski, A.J.), renderedApril 22, 2009. The judgment convicted defendant, upon a nonjury verdict, of driving while intoxicated,a class E felony, aggravated unlicensed operation of a motor vehicle in the first degree and failure tostay within a single lane.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, following a nonjury trial, offelony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c][former (i)]), aggravated unlicensed operation of a motor vehicle in the first degree (§ 511 [3] [a][i]) and failure to stay within a single lane (§ 1128 [a]). Defendant failed to preserve for ourreview his contention that the evidence is legally insufficient to support the conviction because hismotion for a trial order of dismissal "was not specifically directed at the ground[s] advanced on appeal"(People v Vassar, 30 AD3d 1051,1052 [2006], lv denied 7 NY3d 796 [2006]; see People v Hawkins, 11 NY3d 484, 492 [2008]; People vGray, 86 NY2d 10, 19 [1995]). In any event, we reject that contention (see generally Peoplev Bleakley, 69 NY2d 490, 495 [1987]). The sentence is not unduly harsh or severe.Present—Smith, J.P., Lindley, Sconiers, Pine and Gorski, JJ.