People v. Hurley

This is an appeal from a judgment of conviction of the crime of operating a motor vehicle with .10 of 1% or more by weight of alcohol in his blood in violation of subdivision 2 of section 1192 of the Vehicle and Traffic Law, said judgment arriving, out of a jury verdict having been rendered in the Town of Clay Justice Court. The defendant was also found guilty of having violated section 1202 (subd [a], par 1, cl j) of the Vehicle and Traffic Law, stopping, standing or parking in highway.

The facts briefly indicate that two Clay police officers found the defendant’s car stopped in the driving…