People v. Snow
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*218OPINION OF THE COURT
Green, J.
The principal and novel question posed on this appeal is whether driving while intoxicated (DWI) as a felony (Vehicle and Traffic Law § 1192 [5]) may serve as the predicate for conviction of assault in the first degree under Penal Law § 120.10 (4). We hold that it may not.
The facts are not in dispute and may be stated briefly. At approximately 6:45 a.m. on December 7, 1984, defendant was driving his car westbound on Main Street near the intersection with Plymouth Avenue in the City of Rochester. A police officer observed that defendant failed to proceed through a…
2Cases cited29 opinions
- Liparota v. United StatesSupreme Court of the United States · 1985
- Zappone v. Home InsuranceNew York Court of Appeals · 1982
- People v. CaseNew York Court of Appeals · 1977
- People v. P. J. Video, Inc.New York Court of Appeals · 1986
- People v. BerzupsNew York Court of Appeals · 1980
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3Cited by12 opinions
- People v. SpiveyNew York Court of Appeals · 1993
- People v. MoquinAppellate Division of the Supreme Court of the State of New York · 1988
- People v. RossiAppellate Division of the Supreme Court of the State of New York · 1990
- Langston v. SmithCourt of Appeals for the Second Circuit · 2011
- People v. SnowNew York Court of Appeals · 1989
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