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.