People v. Blair

OPINION OF THE COURT

Memorandum.

The order of County Court should be reversed, defendant’s motion to dismiss denied, and the case remitted to City Court for further proceedings on the accusatory instrument.

Forty-five minutes after he was stopped for a traffic infraction, defendant took a breathalyzer test indicating that he had a .08% blood alcohol level. He was charged with violating Vehicle and Traffic Law § 1192 (3), common-law driving while intoxicated. Vehicle and Traffic Law § 1195 (2) (c) provides that “[e]vidence that there was more than .07 of one per centum but less than .10 of one…