Legal Opinion
People v. Cancel
Criminal Court of the City of New York
Decided October 15, 1987PublishedCited by 4 opinions
1Opinion of the Court
*261OPINION OF THE COURT
Michael A. Gary, J.
Defendant Jose Cancel was arrested and charged with driving while intoxicated pursuant to Vehicle and Traffic Law § 1192 (2) and (3). In a jury trial held before me, at the conclusion of the People’s case and at the close of all the evidence, defendant moved for a trial order of dismissal pursuant to CPL 290.10. Defendant contended the evidence was legally insufficient to establish the charge of Vehicle and Traffic Law § 1192 (2). Defendant argued that since his breathalyzer test and reading was .10 of 1% by weight of alcohol in his blood, hereinafter…
2Cases cited5 opinions
- People v. CruzNew York Court of Appeals · 1979
- People v. FoxNew York Justice Court · 1976
- People v. SchmidtCriminal Court of the City of New York · 1984
- People v. Hellwig, New York County Courts1960
- People v. SchaeferYonkers City Court · 1987
3Cited by4 opinions
- Commonwealth v. ZugaySuperior Court of Pennsylvania · 2000
- Haynes v. State, Department of Public SafetyAlaska Supreme Court · 1993
- Isbell v. MillerCourt of Appeals of Arizona · 1990
- Haynes v. State, Department of Public SafetyAlaska Supreme Court · 1993