People Ex Rel. Guiney v. Valentine

Crane, Ch. J.

On the afternoon of September 22,1935, Patrolman Guiney was off duty at four o’clock. That evening he spent at his sister’s house playing cards and drinking whisky; at least he had four drinks, according to his own statement. At a little after midnight he came down Washington avenue toward Bergen street, Brooklyn, when he saw an automobile, in which one Salvatore Autorino was asleep while waiting for his father-in-law, who was “ in the house.” Guiney was off duty and in civilian clothes. Autorino testified:

“ He told me to get out of the car, and when I got out of the car he asked…