When officers found Michael J. Tyra, his parked truck was "touching" another vehicle, he was bleeding from his face, admitted to officers that he had been drinking, that he was the only driver, and, that he injured his face while in the vehicle.
After a Ontario County Court jury convicted Tyra of driving while intoxicated and felony aggravated driving while intoxicated, he challenged the legal sufficiency of the evidence against him.
Although his arguments hadn't been preserved for review, the Appellate Division, Fourth Department, reviewed the record and concluded that the jury had made the right call, and left the conviction undisturbed.
Not a model citizen?
To view a copy of the Appellate Division's decision, please use this link: People of the State of New York v. Michael J. Tyra