Legal Opinion
People v. O'Connor
Nassau County District Court
Decided January 10, 1994PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Ute Wolff Lally, J.
The defendant was charged with driving while intoxicated, Vehicle and Traffic Law § 1192 (2), on July 24, 1993 in the County of Nassau. At the commencement of this bench trial defendant conceded that he was intoxicated and the intoxilyzer 5000, which produced a reading of .22, was properly *1073administered to him and was in proper working condition. Therefore, the only issue to be determined is whether the defendant was "operating the vehicle”.
First, the court must resolve the question of fact presented by the opposing testimony of the two police officers as…
2Cases cited6 opinions
- People v. Domagala, New York County Courts1924
- Prudhomme v. HultsAppellate Division of the Supreme Court of the State of New York · 1967
- People v. MarriottAppellate Division of the Supreme Court of the State of New York · 1971
- People v. BlakeNew York Court of Appeals · 1958
- People v. CollinsAppellate Division of the Supreme Court of the State of New York · 1979
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. PrescottNew York Court of Appeals · 2001
- People v. PrescottAppellate Division of the Supreme Court of the State of New York · 2000
- People v. KhanCriminal Court of the City of New York · 1995
- People v. MembrinoCriminal Court of the City of New York · 1999
- United States v. ParedesDistrict Court, E.D. New York · 2016
1 more not listed; retrieve them via the Exa API.