People v. Mojica
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*103OPINION OF THE COURT
McCarthy, J.
Penal Law § 120.03 (1) provides that a person is guilty of vehicular assault in the second degree when he or she causes serious physical injury to another person, inter alia, while operating a motor vehicle while impaired or intoxicated and causes that serious physical injury as a result of such intoxication. The statute also provides that proof of such operation and the causation of such serious physical injury raises a rebuttable presumption that the serious injury is the result of such intoxication. This appeal presents us with the principal questions of…
2Cases cited38 opinions
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