People v. Schools

— Yesawich, Jr., J.

Appeal from a judgment of the County Court of Columbia County (Zittell, J.), rendered September 23, 1985, upon a verdict convicting defendant of the crime of operating a motor vehicle while under the influence of alcohol.

A guilty verdict having been rendered by the jury, the evidence, though circumstantial, must be viewed most favorably to the prosecution (People v Lewis, 64 NY2d 1111, 1112). Examined in that light, it appears that at approximately 11:00 p.m. on March 30, 1985, defendant met his live-in girlfriend, Terry Sprague, at a tavern located in the Village of…