People v. Wiley

The defendant here is charged with violating subdivision 2 of section 1192 of the Vehicle and Traffic Law. The substance of the charge was that the defend*520ant was operating a motor vehicle ‘ ‘ while his ability to operate such motor vehicle is impaired by the use of a drug as defined in, this chapter ”.

On the trial the People established through a police witness that the defendant was operating his automobile in a very erratic manner, that after his arrest and appropriate warnings having been given, he admitted ‘ ‘ using ’ ’ marijuana and Nembutal. These latter admissions however were not tied…