People v. Gross
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered July 23, 2004, upon a verdict convicting defendant of two counts of the crime of driving while intoxicated.
Defendant was charged with two felony counts of driving while intoxicated after police officers observed him driving erratically and a subsequent breathalyzer test revealed a blood alcohol content of 0.18% (see Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c] [i]). Following a jury trial, defendant was convicted of both counts and sentenced to concurrent terms of 1 *1225to 3 years in prison. He now…
2Cases cited5 opinions
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