People v. Booden

OPINION OF THE COURT

Simons, J.

Defendant was convicted after a nonjury trial in the Walworth Town Court of operating a motor vehicle while his ability was impaired by the consumption of alcohol (Vehicle and Traffic Law § 1192 [1]). The conviction arose out of an incident which occurred at approximately 3:00 a.m. on July 20, 1985 when a westbound vehicle owned by defendant’s father left Route 441 and came to rest in a ditch on the north side of the highway facing east. When the investigating officer reached the scene of the accident, he found defendant and two companions, a male and a female,…