People v. Tornatore

OPINION OF THE COURT

Jules E. Orenstein, J.

The court hereby denies the portion of the defendant’s motion that seeks to dismiss the simplified traffic information charging him with operating a motor vehicle while having .10% or more of alcohol in his blood in violation of subdivision 2 of section 1192 of the Vehicle and Traffic Law.

The defendant has been accused of committing this act within the parking lot of the White Castle Restaurant in Lynbrook, New York, on May 13, 1984.

The defendant’s motion is founded upon the contention that he was not operating the vehicle upon a “public highway” or…