PEOPLE v. JAROCHA (2009)

Defendant appeals from a judgment convicting him following a jury trial of one count of aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511[3] ) and two counts of felony driving while intoxicated (§ 1192[2], [3]; § 1193[1][c] [former (ii) ] ). We reject defendant's contention that the evidence is legally insufficient to support the conviction of aggravated unlicensed operation of a motor vehicle (see generally People v. Bleakley, 69 N.Y.2d 490, 495). Contrary to defendant's contention, the People presented the order of suspension and revocation with defendant's signature and thus established that defendant knew or had reason to know that his license had been revoked (see People v. Crandall, 199 A.D.2d 867, 869, lv denied 83 N.Y.2d 803). Also, viewing the evidence in light of the elements of the two counts of felony driving while intoxicated as charged to the jury (see People v. Danielson, 9 NY3d 342, 349), we conclude that the verdict with respect to those counts is not against the weight of the evidence (see generally Bleakley, 69 N.Y.2d at 495).

Finally, we conclude that County Court did not abuse its discretion in denying defendant's motion for substitution of counsel on the day on which jury selection was scheduled to begin (see People v. Cunningham, 12 AD3d 1131, 1132, lv denied 4 NY3d 829, 5 NY3d 761; People v. Gloster, 175 A.D.2d 258, 259, lv denied 78 N.Y.2d 1011; People v. Terry, 115 A.D.2d 130, lv denied 67 N.Y.2d 890).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

MEMORANDUM: