PEOPLE v. EVERTS

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant failed to preserve for our review his contention that the conviction of felony driving while intoxicated (Vehicle and Traffic Law § 1192; § 1193 [1] [c] [i]) is not supported by legally sufficient evidence ( see, People v. Gray, 86 N.Y.2d 10, 19). In any event, that contention is without merit. Defendant's further contention that the evidence presented to the Grand Jury was legally insufficient is not reviewable where, as here, there was legally sufficient evidence at trial to support the conviction ( see, CPL 210.30; People v. Kemp, 273 A.D.2d 806, cert denied 532 U.S. 977, 121 S.Ct. 1615). The sentence is neither unduly harsh nor severe.