People v. Mouck

— Weiss, J.

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered February 3, 1988, convicting defendant upon his plea of guilty of the crime of operating a motor vehicle while under the influence of alcohol, as a felony.

The police, in response to a complaint, found defendant seated behind the wheel of his automobile parked in his own driveway. The keys were in his hand, the motor was hot and a fresh trail of transmission fluid led from the driveway for a distance of two or three tenths of a mile. Defendant admitted he had been drinking, but denied driving…