People v. Kenyon

Orders unanimously affirmed. Memorandum: Special Term properly dismissed the indictment charging defendant with the crime of operating a motor vehicle while in an intoxicated condition (Vehicle and Traffic Law, § 1192, subd 3), because of his conduct on a private parking lot which served the patrons of a restaurant and bank. Section 1192 of the Vehicle and Traffic Law proscribes driving while intoxicated without specifying where it applies. It is but one statutory provision within title 7 of the Vehicle and Traffic Law entitled “Rules of the Road,” and section 1192, by the clear terms of…