People v. Hayes

— Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered October 1, 1982, upon a verdict convicting defendant of two counts of the crime of operating a motor vehicle while under the influence of alcohol. Defendant was convicted of violating both subdivisions 2 and 3 of section 1192 of the Vehicle and Traffic Law; each conviction was a felony. Since the jury obviously chose to credit the more than amply substantiated testimony of the arresting officer that defendant was intoxicated while operating his car, rather than defendant’s testimony that he had but one beer…