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PEOPLE v. VELASQUEZ

65 A.D.3d 1266 (2009)

886 N.Y.S.2d 177

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CONCEPCION VELASQUEZ, Appellant.

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

Decided September 22, 2009.

Ordered that the judgment is affirmed.

Contrary to the People's assertion, the defendant's legal sufficiency claim was preserved for appellate review (see CPL 470.05 [2]). However, there is no merit to the defendant's contention that the evidence was legally insufficient to prove, beyond a reasonable doubt, the element of intoxication. Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against...

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