R. v. D'Alessandro, 2008 ONCA 365

CITATION: R. v. D'Alessandro, 2008 ONCA 365

DATE: 20080507

DOCKET: C44121

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

[1] The applicant/appellant argues that the trial judge erred in finding that the officer had reasonable and probable grounds to make the demand.

[2] There 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.

[3] Leave to appeal is refused.