Summary
The Appellate Division, Fourth Department affirmed the defendant's conviction for driving while intoxicated as a class E felony following a jury verdict. The court found the evidence legally sufficient and not against the weight of the evidence, relying on officer testimony and body-camera footage. Additionally, the court ruled that challenges to the jury charge were unpreserved due to a failure to object, but ordered the certificate of conviction amended to correctly reflect a jury verdict.
Topics
Practice areas
Questions Presented
- Whether the evidence was legally sufficient to support the DWI conviction.
- Whether the defendant preserved a challenge to the adequacy of the jury charge.
- Whether the certificate of conviction must be amended to reflect a jury verdict rather than a guilty plea.
Holdings
- The evidence is legally sufficient; the verdict is not against the weight of the evidence and the conviction is affirmed.
- The challenge is not preserved because the defendant failed to object to the jury charge as given.
- The certificate of conviction must be amended to state that the defendant was convicted upon a jury verdict.
Key quotations
“the evidence is legally sufficient to establish defendant's guilt”
Factual background
An officer stopped the defendant for speeding, observed slurred speech, inability to exit the vehicle without steadying himself, failure of two sobriety tests, refusal of a third test, combative behavior, and refusal to submit to a chemical test. The officer’s body‑worn camera footage was admitted into evidence.
Procedural history
The Genesee County Court convicted the defendant of a DWI felony based on officer testimony and video evidence. Defendant appealed, asserting insufficiency of evidence, failure to preserve jury‑charge objection, and an incorrect certificate of conviction.