People v. Kurtz

— Appeal from a judgment of the County Court of Tioga County (Siedlecki, J.), rendered January 5,1982, upon a verdict convicting defendant of the crime of operating a motor vehicle while under the influence of alcohol in violation of subdivisions 3 and 4 of section 1192 of the Vehicle and Traffic Law. On the evening of August 29,1981, defendant and his girlfriend, Janet Wilson, were riding in defendant’s automobile when it left the roadway and struck a nearby embankment. Defendant was thereafter indicted and convicted of driving while intoxicated, as a felony. Ample evidence was produced from…