People v. Briggs

*936OPINION OF THE COURT

Geoffrey O’Connell, J.

Defendant, George P. Briggs, was tried by this court without a jury upon an information accusing him of violating Navigation Law § 49 (4) (a) (2), which prohibits boating while intoxicated. Because the case posed a number of novel questions under a relatively new statute, a written decision is appropriate.

The information alleges that the defendant boated while intoxicated at 6:30 a.m. on September 24, 1989 in the waters off Centre Island in the Town of Oyster Bay and County of Nassau.

FACTUAL BACKGROUND

At 11:00 a.m. on the day preceding that upon which…