People v. Brown

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the judgment of Clinton County Court reinstated.

Defendant was indicted for the crime of operating a motor vehicle while in an intoxicated condition based on evidence of the results of a breathalyzer test and testimony of a police officer who observed the defendant at the time of his arrest. The jury was charged that it could find defendant guilty of driving while intoxicated (Vehicle and Traffic Law, § 1192, subd 3) or of operating a motor vehicle while having more than .10 of 1% of alcohol in his blood…