General
The People of the State of New York, Respondent, v. Patrick Falco, Appellant
117 A.D.2d 750·New York Supreme Court, Appellate Division·1986·NY
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Opinion
The People of the State of New York, Respondent, v Patrick Falco, Appellant.
[MAJORITY]
—Appeal by the defendant from a judgment of the County Court, Suffolk County (Rohl, J.), rendered April 7, 1983, convicting him of operating a motor vehicle while under the influence of alcohol, as a felony, upon a jury verdict, and imposing sentence.
Judgment affirmed.
The evidence was sufficient to establish the defendant’s guilt beyond a reasonable doubt. The defendant’s contention with respect to the jury charge is not preserved for appellate review as he failed to take exception or make a request when the charge was given (see, People v Whalen, 59 NY2d 273, 280; People v Nuccie, 57 NY2d 818, 819-820). In any event, the charge was not erroneous. Mollen, P. J., Gibbons, Thompson and Brown, JJ., concur.