People v Garcia (Anibal)

[*1] People v Garcia (Anibal) 2009 NY Slip Op 52182(U) [25 Misc 3d 133(A)] Decided on October 23, 2009 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 23, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT:: NICOLAI, P.J., TANENBAUM and MOLIA, JJ
2004-1500 D CR.

The People of the State of New York, Respondent,

against

Anibal R. Garcia, Appellant.

Appeal from a judgment of the Justice Court of the Village of Red Hook, Dutchess County (Richard D. Griffiths, J.), rendered October 13, 2004. The judgment convicted defendant, after a nonjury trial, of speeding.

ORDERED that the judgment of conviction is affirmed.

By order dated July 13, 2005, the instant appeal was held in abeyance and the matter remitted to the trial court to file an amended return setting forth "evidence, facts or occurrences . . . which constitute the factual foundation for the contentions alleged in the affidavit of errors." Thereafter, the Justice Court completed its amended return, which was submitted to this court.

Defendant was convicted of speeding in violation of Vehicle and Traffic Law § 1180 (d). Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish defendant's guilt beyond a reasonable doubt (see People v Dusing, 5 NY2d 126, 128 [1959]). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]); People v Danielson, 9 NY3d 342 [2007]; People v Romero, 7 NY3d 633 [2006]).

Defendant's remaining contentions are unpreserved for appellate review (see People v Klein, 7 NY2d 264, 266 [1959]) or lack merit.

Nicolai, P.J., Tanenbaum and Molia, JJ., concur.
Decision Date: October 23, 2009