People v. Paulino

OPINION OF THE COURT

Richard Lee Price, J.

The defendant, charged with operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [1], [3]), was convicted after a jury trial of Vehicle and Traffic Law § 1192 (1), a violation, and acquitted of Vehicle and Traffic Law § 1192 (3), a misdemeanor. Defendant then orally moved to set aside the verdict due to the unavailability of a videotape recording during jury deliberations that had been admitted in evidence as People’s exhibit 5.1

Defendant argues that the unavailability of the Intoxicated Driver’s Testing Unit…