People v. Babala

Appeal from a judgment of the County Court of Montgomery County (Catena, J.), rendered August 11, 1986, upon a verdict convicting defendant of the crime of operating a motor vehicle while under the influence of alcohol, as a felony.

In the course of investigating a reported motor vehicle accident in the Village of Fort Johnson, Montgomery County, Deputy Sheriff Gary Johnson observed a pickup truck with the rear of the vehicle stuck on a 3-to-4-foot hedge, and its front end extended approximately 3 to 4 feet out onto State Route 67. Johnson spoke to a neighbor and to the homeowners on whose…