PEOPLE v. BARNES

70 KA 14-01891.

137 A.D.3d 1571 (2016)

27 N.Y.S.3d 745

2016 NY Slip Op 01931

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID E. BARNES, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 18, 2016.


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

Memorandum: On appeal from a judgment convicting him following a nonjury trial of driving while intoxicated as a class E felony (Vehicle and Traffic Law §§ 1192 [3]; 1193 [1] [c] [i]) and aggravated unlicensed operation of a motor vehicle in the first degree (§ 511 [3] [a] [ii]), defendant contends that the evidence is legally insufficient to establish that he was operating...

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