People v. Calcasola

Memorandum. Judgment of conviction affirmed.

While we normally would have affirmed the conviction herein on the opinion of the court below (see People v. Calcasola, 76 Misc 2d 39), in view of our subsequent decision in People v. Van Tuyl (79 Misc 2d 262), clarification of the facts is necessary in order to demonstrate that the cases are distinguishable. In the present case, defendant was charged with driving while impaired by reason of drugs, to wit: methadone, in violation of subdivision 4 of section 1192 of the Vehicle and Traffic Law. In Van Tuyl, the defendant was charged with a violation…