People v. LaMontagne

*264Memorandum. Judgment of conviction for driving while under the influence of alcohol in violation of subdivision 2 of section 1192 of the Vehicle and Traffic Law affirmed.

The record discloses that defendant was arrested at about 9:10 p.m. at the site of an accident in which he was involved. A breathalyzer test was administered at 10:45 p.m. and a reading of .20% was obtained. Upon this appeal, defendant contends, among other things, that the People failed to prove that the amount of alcohol in his blood exceeded .10% at the time he operated his motor vehicle and, therefore, the guilty verdict…