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PEOPLE v. MITCHELL

308 A.D.2d 552 (2003)

764 N.Y.S.2d 835

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL MITCHELL, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided September 22, 2003.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620 [1983]), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The People proved that the defendant was intoxicated based upon his appearance and conduct at the scene (see People v Smith...

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