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THE PEOPLE, etc., respondent, v. CHRISTOPHER LEGAGNEUX, appellant. (Ind. No. 47/95)

DECISION ORDER

ORDERED that the judgment is affirmed.

Having failed to raise a relevant objection at trial, the defendant has not preserved for appellate review the issue of the sufficiency of the evidence underlying his conviction for driving while intoxicated ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in a light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620) we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see, People v. Kane, 240 A.D.2d 516; People v. Cooper, 219 A.D.2d 426; People v. Whelan, 165 A.D.2d 313). Moreover, upon the exercise of our factual review power, we are satisfied that the jury's verdict was not against the weight of the evidence ( see, CPL 470.15).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

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PEOPLE v. LEGAGNEUX
(Jul 19, 1999)