People v Taylor (Ezra)

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[*1] People v Taylor (Ezra) 2014 NY Slip Op 51483(U) Decided on October 10, 2014 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 10, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570974/11

The People of the State of New York, Respondent,

against

Ezra Taylor, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (James M. Burke, J.), rendered November 15, 2011, after a jury trial, convicting him of operating a motor vehicle while intoxicated (two counts) and driving while ability impaired, and imposing sentence.

Per Curiam.

Judgment of conviction (James M. Burke, J.), rendered November 15, 2011, affirmed.

Defendant's general objection (see People v Tevaha, 84 NY2d 879, 880-881 [1994]; People v Wilkins, 73 AD3d 467, 467 [2010]; lv denied 15 NY3d 811 [2010]) failed to preserve his present argument that the trained police officer who administered the breath test to defendant invaded the jury's province by expressing his view as to whether the test yielded a "proper reading." Were we to review the claim in the interest of justice, we would find any error with respect to this isolated testimony to be harmless in view of the overwhelming evidence of defendant's guilt. Defendant's further contention that the court improperly curtailed defense counsel's cross-examination of the police witness is similarly unpreserved (see People v Martich, 30 AD3d 305, 305 [2006], lv denied 7 NY3d 868 [2006]), and we decline to review it in the interest of justice.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


I concur I concur I concur
Decision Date: October 10, 2014

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