Lissik v. Monasky

Appeal from a judgment of the County Court of Albany County rendered upon a verdict convicting defendant of the crime of criminal negligence in the operation of a vehicle resulting in death (Penal Law, § 1053-a). Defendant attacks the conviction on a number of grounds, (1) On the trial, a chemist testified that analysis of a sample of defendant’s blood revealed the presence of 0.18% ethyl alcohol and a physician testified that such an alcoholic level “ signifies a definite impairment of ability ” to operate an automobile. It developed on the trial that neither witness testified before the…