People v. Miller

Appeal from a judgment of the County Court of Tompkins County (Barrett, J.), rendered June 5, 1987, upon a verdict convicting defendant of the crimes of operating a motor vehicle while under the influence of alcohol, as a felony, and aggravated unlicensed operation of a motor vehicle in the first degree.

Defendant’s car was discovered by Kenneth Switzer in a ditch off the road on the Tompkins County side of a highway separating that county from Schuyler County. The car was disabled and smoking. Switzer observed defendant either getting in or out of the vehicle when he arrived at the scene.…