People v. Ippolito

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of conviction, after jury trial, of the felony of driving with more than .10% of alcohol in his blood (Vehicle and Traffic Law, § 1192, subds 2, 5) and of the traffic infraction of driving without headlights (Vehicle and Traffic Law, § 375, subd 2, par [a], cl 1). We affirm. H The defendant’s sole defense at trial was that the breathalyzer test result (.13%) was inaccurate and unreliable. On appeal defendant argues that the court’s charge to the jury was improper in that it created a conclusive presumption that if…