People v. Smith

Kenneth C. Johnson, Jr. J.

This is a proceeding on an appeal from a judgment of the Ithaca City Court, rendered upon a jury verdict January 16, 1973 convicting the appellant of driving while intoxicated in violation of subdivision 3 of section 1192 of the Vehicle and Traffic Law: "No person shall operate a motor vehicle while he is in an intoxicated condition.” The defendant as grounds for the appeal contests the admissibility of the results of a breathalyzer test and, in *63addition, claims he was prejudiced by certain instructions to the jury by the court.

The evidence shows that at about 6:20…