People v. Correa

OPINION OF THE COURT

William Garnett, J.

*310The defendant was arraigned in Kings County on April 13, 1996. He was charged with the misdemeanor crimes of operating a motor vehicle while intoxicated (Vehicle and Traffic Law § 1192 [2], [3]), and criminal mischief in the fourth degree (Penal Law § 145.00 [3]).

The prosecution alleged that the defendant operated his vehicle with a blood alcohol level of .13 of 1%. The People contend that the defendant, while operating his vehicle in an intoxicated condition, struck a construction vehicle which was parked behind cones and red lights on the lower level…