People v. Lizzio

Casey, J. P.

Appeal from a judgment of the County Court of Fulton County (Mazzone, J.), rendered October 26, 1990, upon a verdict convicting defendant of the traffic offense of driving while ability impaired.

Defendant was indicted on two counts of operating a motor vehicle while under the influence of alcohol. The jury acquitted defendant of the charge of driving with .10% or more blood alcohol content, despite proof that defendant’s blood alcohol level was .24%, and also acquitted defendant of the charge of operating a motor vehicle while under the influence of alcohol. Defendant’s acquittal…