People v. Knickerbocker

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered May 30, 1986, convicting defendant upon his plea of guilty of the crime of operating a motor vehicle while under the influence of alcohol, as a felony.

On November 13, 1985, defendant was stopped by police while driving a motor vehicle in Chemung County. A blood alcohol test was administered and defendant tested at .17%. Defendant was indicted in January 1986 for two counts of operating a motor vehicle while under the influence of alcohol, as a felony (see, Vehicle and Traffic Law § 1192 [2], [5]). The…