Legal Opinion
People v. Koch
Rochester City Court
Decided May 5, 1987PublishedCited by 2 opinions
1Opinion of the Court
*353OPINION OF THE COURT
Herman J. Walz, J.
This is a prosecution for driving while ability impaired by alcohol. It was stipulated that defendant’s blood alcohol content was .09%. Vehicle and Traffic Law § 1195 (2) (c) directs that evidence of blood alcohol content between .07 and .10% "shall be given prima facie effect in determining whether the ability of such person to operate a motor vehicle was impaired by the consumption of alcohol.” Since there was very little evidence offered by either party as to defendant’s condition or the manner in which he operated his vehicle, this case presents a…
2Cases cited6 opinions
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- People v. CruzNew York Court of Appeals · 1979
- People v. MertzNew York Court of Appeals · 1986
- People v. NeissAppellate Division of the Supreme Court of the State of New York · 1980
- People v. GuilfordAppellate Division of the Supreme Court of the State of New York · 1964
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3Cited by2 opinions
- Azby Brokerage, Inc. v. Allstate InsuranceDistrict Court, S.D. New York · 1988
- People v. Oliva (Edward)Appellate Terms of the Supreme Court of New York · 2016