People v. Keane

Appeal from a judgment of the County Court of Tompkins County, rendered July 12, 1979, upon a verdict convicting defendant of the crimes of operating a motor vehicle while under the influence of alcohol as a felony and driving while ability impaired. There should be a reversal. The People failed to present proof from which the jury could find that the breathalyzer test was administered to the defendant within two hours of his arrest for driving while intoxicated as required by subdivision 1 of section 1194 of the Vehicle and Traffic Law (see Matter of White v Melton, 60 AD2d 1000, 1001;…