People v. Domagala

Noonan, J.:

From a judgment of conviction for violating section 290, subdivision 3, of the Highway Law, which reads as follows, “ Whoever operates a motor vehicle while in an intoxicated condition shall be guilty of a misdemeanor,” an appeal has been taken to this court.

About three-thirty p.m. two police officers found the respondent, in an intoxicated condition, in his automobile, which was parked directly across the street, with the front wheels squarely against the curb.

*514It is obvious that the judgment of conviction must stand or fall upon the construction given to the word “ operate.”…