
    The People of the State of New York, Respondent, v Claude Ribaudo, Appellant.
    [744 NYS2d 868]
   —Appeal by the defendant from a judgment of the County Court, Westchester County (Smith, J.), rendered March 13, 2001, convicting him of driving while intoxicated as a felony, and violations of Vehicle and Traffic Law §§ 376, 1128 (a) and § 1180 (d), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review (see CPL 470.05 [2]; People v Udzinski, 146 AD2d 245, 250). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Ritter, J.P., Altman, Smith and Goldstein, JJ., concur.  