Legal Opinion

People v. Ardila

New York Court of Appeals

Decided February 16, 1995PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The trial court did not err in instructing the jury, over defense counsel’s objection, that voluntary "intoxication” as that term is used in Vehicle and Traffic Law § 1192 (3) means the voluntary consumption of alcohol to the point where the individual’s "ability to drive safely [i]s impaired to a substantial extent” (emphasis supplied) (see, 3 CJI, Vehicle and Traffic Law § 1192, at 2303). Contrary to defendant’s contention, there is no meaningful semantic difference between being so inebriated that one’s…

2Cases cited2 opinions

  1. People v. CruzNew York Court of Appeals · 1979
  2. In re JohnstonNew York Court of Appeals · 1990

3Cited by16 opinions

  1. People v. GallupAppellate Division of the Supreme Court of the State of New York · 2003
  2. People v. CunninghamNew York Court of Appeals · 2000
  3. People v. PittsAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. VargasAppellate Division of the Supreme Court of the State of New York · 2014
  5. KEELEYBoard of Immigration Appeals · 2017

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