PEOPLE v. TOTH (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Robbie J. TOTH, Defendant-Appellant.

Decided: November 12, 1999

PRESENT: GREEN, J.P., LAWTON, HAYES, HURLBUTT and BALIO, JJ.

Michael C. Walsh, Buffalo, for defendant-appellant. Theresa M. Guenther, East Aurora, for plaintiff-respondent.

Defendant appeals from a judgment convicting him following a nonjury trial of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192[3]; § 1193[1][c] ) and other crimes. The verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). The testimony of a police officer concerning his observation of defendant, as well as the testimony of defendant's witnesses that defendant had been drinking that night, is sufficient to establish defendant's intoxication (see, People v. Donhauser, 255 A.D.2d 933, 683 N.Y.S.2d 357). In light of defendant's extensive history of alcohol-related offenses, the sentence is neither unduly harsh nor severe.

Judgment unanimously affirmed.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network