People v. DeBlase
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Following a nonjury trial, defendant was convicted of driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (3). On appeal, he claims that the trial court erred by considering the manner in which the accident occurred in arriving at the factual determination that he was intoxicated and not merely impaired. We disagree. The distinction between driving while impaired and driving while intoxicated is one of degree. "[I]ntoxication is a greater degree of impairment which is reached when the driver has voluntarily consumed alcohol to…
2Cases cited6 opinions
- People v. CruzNew York Court of Appeals · 1979
- People v. OttomanelliAppellate Division of the Supreme Court of the State of New York · 1985
- People v. BalschweitAppellate Division of the Supreme Court of the State of New York · 1983
- People v. PalmiereAppellate Division of the Supreme Court of the State of New York · 1986
- People v. Le BeauAppellate Division of the Supreme Court of the State of New York · 1987
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3Cited by10 opinions
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- People v. SteinhilberAppellate Division of the Supreme Court of the State of New York · 2008
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1989
- People v. ColeAppellate Division of the Supreme Court of the State of New York · 1991
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