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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. KENNETH A. MAREK, DEFENDANT-APPELLANT.

Judgment unanimously affirmed.

Memorandum:

We reject the contention of defendant that the verdict finding him guilty of driving while intoxicated (Vehicle and Traffic Law § 1192) is against the weight of the evidence ( see, People v. Pierce, 268 A.D.2d 883, lv denied 94 N.Y.2d 924; People v. D'Angelo, 244 A.D.2d 788, 789, lv denied 91 N.Y.2d 890). The sentence is not unduly harsh or severe.

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PEOPLE v. MAREK
(Jun 8, 2001)