Legal Opinion
People v. Cunningham
New York Court of Appeals
Decided July 6, 2000PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Term should be modified by vacating the conviction for driving while intoxicated and remitting to City Court for further proceedings in accordance with this memorandum, and, as so modified, affirmed.
Defendant was convicted after a bench trial of violating Vehicle and Traffic Law § 1192 (3) and § 1194 (1) (b). In reaching a verdict on the section 1192 (3) charge, the Trial Judge applied a definition of intoxication which improperly lowered the prosecution’s burden of proof (see, People v Cruz, 48 NY2d 419; cf., People v Ardila, 85 NY2d…
2Cases cited4 opinions
- People v. CruzNew York Court of Appeals · 1979
- People v. CarterNew York Court of Appeals · 1984
- People v. ArdilaNew York Court of Appeals · 1995
- People v. MaharajNew York Court of Appeals · 1997
3Cited by9 opinions
- Phillips v. WieboldtAppellate Division of the Supreme Court of the State of New York · 2007
- In re Tyheem S.New York City Family Court · 2005
- People v. DobsonAppellate Division of the Supreme Court of the State of New York · 2016
- People v. SuarezAppellate Division of the Supreme Court of the State of New York · 2005
- Matter of Tyheem S.New York Family Court, Queens County · 2005
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