People v. Gmitter

The defendant was charged with a violation of subdivision 2 of section 1192 of the Vehicle and Traffic Law, operating a motor vehicle while she had .10 of 1% or more by weight of alcohol in her blood, and with a violation of subdivision 3 of section 1192 of the Vehicle and Traffic Law, operating a motor vehicle while in an intoxicated condition. A trial was held before the court and jury. The charge by the court, informed the jury that it could find: (1) the defendant guilty or not guilty of violating subdivision 2 of section 1192; (2) guilty or not guilty of violating subdivision 3 of…