People v. Goho

fjemorandum: The indictment accuses the defendant-respondent of the felony of operating a motor vehicle while in an intoxicated condition (Vehicle and Traffic Law, § 70, subd. 5), in that he feloniously drove an automobile on September 4, 1942, while in an intoxicated condition, he having theretofore and on or about October 3, 1936, been convicted in the City Court of Rochester, Criminal Branch, of the crime of operating a motor vehicle while in an intoxicated condition and having received a thirty-day sentence in the Monroe County Penitentiary, which' sentence was suspended. Defendant…