R. v. D'Alessandro, 2008 ONCA 365
COURT OF APPEAL FOR ONTARIO
DOHERTY, ROULEAU and WATT JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
DENNIS D’ALESSANDRO
Appellant
Counsel: Walter Fox for the appellant Andreea Baiasu for the respondent
Heard: May 6, 2008
On appeal from the decision of Justice Festeryga of the Superior Court of Justice dated August 12, 2005.
APPEAL BOOK ENDORSEMENT
1The applicant/appellant argues that the trial judge erred in finding that the officer had reasonable and probable grounds to make the demand.
2There is no merit to this submission. First, the appeal, or more accurately the application for leave to appeal to this court from the Summary Conviction Appeal Court judge, not the trial judge; second, the sufficiency of the evidence as not a question of law; and third, there was ample evidence to support the finding of reasonable and probable grounds.
3Leave to appeal is refused.