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People v. Sabin

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 748 (N.Y. App. Div. 2000)

Opinion

February 16, 2000

Appeal from Judgment of Ontario County Court, Harvey, J. — Felony Driving While Intoxicated.

PRESENT: GREEN, A. P. J., HAYES, WISNER AND BALIO, JJ.


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him upon a jury of driving while intoxicated as a felony (Vehicle and Law § 1192 [3]; § 1193 [1] [c]). We reject defendant's that County Court's Sandoval ruling constituted an of discretion ( see, People v. Gray, 84 N.Y.2d 709, 712). verdict is supported by legally sufficient evidence and is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). Contrary to defendant's further contention, there was no Payton violation. The officer did not arrest defendant inside the house, nor did he conduct a search therein ( see, People v. Minley, 68 N.Y.2d 952, 953; People v. Williams, 159 A.D.2d 743; People v. Anderson, 146 A.D.2d 638, 639-640, lv denied 74 N.Y.2d 660). We have considered the remaining contentions raised by defendant in his pro se supplemental brief and conclude that they lack merit.


Summaries of

People v. Sabin

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 748 (N.Y. App. Div. 2000)
Case details for

People v. Sabin

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. PETER SABIN…

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

Date published: Feb 16, 2000

Citations

269 A.D.2d 748 (N.Y. App. Div. 2000)
703 N.Y.S.2d 413