People v. Blake

The County Court has reversed a conviction of the defendant for operating a motor vehicle while in an intoxicated condition in violation of subdivision 5 of section 70 of the Vehicle and Traffic Law on the ground that “Although the evidence justifies a finding of intoxication of the defendant, there is no proof that he operated the automobile in question while intoxicated.”

Granting the conviction of defendant rests upon circumstantial evidence, we hold that such evidence was sufficient to support a conviction under the statute.

The defendant, when found by the police officers, was seated alone…