People v. Marriott

Appeal from a judgment of the St. Lawrence County Court upoñ a verdict convicting the defendant of the crime of operating a motor vehicle while in an intoxicated condition. (Vehicle and Traffic Law, § 1192, subd. 2.) The sole question for consideration is whether the defendant was “ operating ” a motor vehicle within the definition of the statute.. At about 8:30 p.m. on May 23, 1970 two Deputy Sheriffs found defendant asleep behind the steering wheel of his car with the engine running. The car was parked on the shoulder of a main highway in a remote, rural area. There was unquestionable…