People v. Brown

OPINION OF THE COURT

Casey, J.

The defendant was stopped shortly after midnight on October 25, 1977 in the City of Plattsburgh by a city police officer for making a right-hand turn on a red light at an intersection where such a turn was not permitted. According to the arresting officer, the defendant at the time had bloodshot eyes, smelled of alcohol, demonstrated poor co-ordination and staggered at the scene. Taken to the police station, the defendant agreed to submit to a breathalyzer test, which was administered at 12:44 a.m. and which disclosed blood alcohol content of .17 of 1%.…