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PEOPLE v. JOHNSON

Appellate Division of the Supreme Court of New York, Fourth Department.
Nov 12, 2010
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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, of felony driving while intoxicated (Vehicle and Traffic Law § 1192; § 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 our review his contention that the evidence is legally insufficient to support the conviction because his motion for a trial order of dismissal "was not specifically directed at the ground[s] advanced on appeal" ( People v Vassar, 30 AD3d 1051, 1052, lv denied 7 NY3d 796; see People v Hawkins, 11 NY3d 484, 492; People v Gray, 86 NY2d 10, 19). In any event, we reject that contention ( see generally People v Bleakley, 69 NY2d 490, 495). The sentence is not unduly harsh or severe.