Appellate Division of the Supreme Court of the State of New York November 18, 2011 (People v. Szyszkowski)

Memorandum:

Defendant was convicted following a jury trial of, inter alia, felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [ii]) and criminal possession of stolen property in the fourth degree (Penal Law § 165.45 [1]). Defendant does not dispute that he was intoxicated when he was arrested or that the all-terrain vehicle (ATV) in question was stolen.