People v. Hall

Defendant was indicted for operating a motor vehicle with at least .10% of alcohol in Ms Mood (Vehicle and Traffic Law § 1192 [2]) and operating a motor vehicle in an intoxicated condition (Vehicle and Traffic Law § 1192 [3]), both as felonies. After his conviction on both charges, he was sentenced to 60 *337days’ imprisonment, five years’ probation and fined $500. At trial defendant did not testify or produce any witnesses on his behalf. After the defense had rested, County Court stated that it would entertain requests to charge from the parties on the following morning. At that time defense…