State court agrees with county, denies appeal for drunk driver
NORWICH – A defiant woman who maintained her innocence even after being convicted of DWI has had her appeal case rejected by the state appeals court.
The New York Supreme Court, Appellate Division Third Judicial Department affirmed the ruling of the Chenango County Court after reviewing the case of Rita L. Warner, 33, of Binghamton.
Warner was found guilty of driving while intoxicated by a jury of her peers on Sept. 25, 2006. She was sentenced to 30 days incarceration at the Chenango County Correctional Facility, five years probation and over $1,200 in fees and fines.
Warner’s attorney told the court that, as a result of her felony conviction, her vocational and educational options were limited and she had spent thousands of dollars on her defense and appeal.
The defense asked to have the sentence at the original proceeding postponed for two weeks so Warner could prepare her affairs. County Court Judge W. Howard Sullivan denied the request. The defense filed an appeal shortly after the verdict.
The appellate court said in its decision, “On her appeal, defendant argues that her conviction was against the weight of the evidence because there are significant conflicts between her testimony and that of the arresting officer. She also contends that the arresting officer’s testimony as to the HGN test should have been accorded little weight because no evidence was presented as to his experience in administering it. However, the people laid a proper foundation through the evidence of the officer’s qualifications to administer the HGN test.”
Throughout the trial, Warner’s story conflicted with that of State Trooper Jamieson Tefft, who arrested Warner for DWI on Feb. 28, 2006 in the Town of Norwich. During sentencing, Sullivan referred to those differences, saying, “Your story at the scene is completely opposite than the trooper’s.” The court ruled in its decision that there were no grounds to challenge the merit of the officer’s testimony. “We are satisfied that defendant’s conviction is not against the weight of the evidence,” said the court.
Also the appeal claimed that District Attorney Joseph McBride “made certain remarks during summation that denied her of a fair trial.”
The DA referred to Warner as “an angry drunk” in his summation, but the court also rejected this claim because the officer testified to her “aggressive” behavior on the stand.
“In any event, the prosecutor’s statements amounted to fair comment given defendant’s specific challenges to both credibility of the arresting officer and his description of her behavior,” the court said.
Warner, who was released pending the appellate decision, will now be remanded back to county jail to finish serving out her term.
The New York Supreme Court, Appellate Division Third Judicial Department affirmed the ruling of the Chenango County Court after reviewing the case of Rita L. Warner, 33, of Binghamton.
Warner was found guilty of driving while intoxicated by a jury of her peers on Sept. 25, 2006. She was sentenced to 30 days incarceration at the Chenango County Correctional Facility, five years probation and over $1,200 in fees and fines.
Warner’s attorney told the court that, as a result of her felony conviction, her vocational and educational options were limited and she had spent thousands of dollars on her defense and appeal.
The defense asked to have the sentence at the original proceeding postponed for two weeks so Warner could prepare her affairs. County Court Judge W. Howard Sullivan denied the request. The defense filed an appeal shortly after the verdict.
The appellate court said in its decision, “On her appeal, defendant argues that her conviction was against the weight of the evidence because there are significant conflicts between her testimony and that of the arresting officer. She also contends that the arresting officer’s testimony as to the HGN test should have been accorded little weight because no evidence was presented as to his experience in administering it. However, the people laid a proper foundation through the evidence of the officer’s qualifications to administer the HGN test.”
Throughout the trial, Warner’s story conflicted with that of State Trooper Jamieson Tefft, who arrested Warner for DWI on Feb. 28, 2006 in the Town of Norwich. During sentencing, Sullivan referred to those differences, saying, “Your story at the scene is completely opposite than the trooper’s.” The court ruled in its decision that there were no grounds to challenge the merit of the officer’s testimony. “We are satisfied that defendant’s conviction is not against the weight of the evidence,” said the court.
Also the appeal claimed that District Attorney Joseph McBride “made certain remarks during summation that denied her of a fair trial.”
The DA referred to Warner as “an angry drunk” in his summation, but the court also rejected this claim because the officer testified to her “aggressive” behavior on the stand.
“In any event, the prosecutor’s statements amounted to fair comment given defendant’s specific challenges to both credibility of the arresting officer and his description of her behavior,” the court said.
Warner, who was released pending the appellate decision, will now be remanded back to county jail to finish serving out her term.
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