People v. David W.

Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered June 1, 1979, which adjudicated defendant a youthful offender. At approximately 9:00 p.m. on April 29, 1978, Deputy Sheriff Larry Preston of the Chemung County Sheriff’s Department found defendant slumped over the steering wheel of his automobile with the engine running while the vehicle was parked along the shoulder of Harris Hill Road in the Town of Big Flats. A breathalizer test administered to defendant indicated that the alcohol content of his blood at the time of his arrest was 0.20% by weight, and he…