People v. Briggs
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment affirmed. Memorandum: On this appeal from a judgment of conviction of a felony for operating a motor vehicle with .10 of one per centum or more by weight of alcohol in his blood as a felony (Vehicle and Traffic Law, § 1192, subds 2, 5) defendant contends that the trial court erred in refusing to charge driving while ability is impaired (DWAI) (see Vehicle and Traffic Law, §1192, subd 1; §1195, subd 2, pars [b], [c]) as a lesser included offense of the charge for which he was convicted. Although section 1196 of the Vehicle and Traffic Law provides that a driver charged with…
2Cases cited10 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. AgursSupreme Court of the United States · 1976
- People v. GissendannerNew York Court of Appeals · 1979
- United States v. AugenblickSupreme Court of the United States · 1969
- People v. WhiteNew York Court of Appeals · 1976
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- People v. WardAppellate Division of the Supreme Court of the State of New York · 2001
- State v. BrownSupreme Court of Iowa · 1983
- People v. MolinaCriminal Court of the City of New York · 1983
- People v. FappianoAppellate Division of the Supreme Court of the State of New York · 1988
- People v. LaBountyAppellate Division of the Supreme Court of the State of New York · 1987
10 more not listed; retrieve them via the Exa API.