Legal Opinion

People v. Conway

Appellate Division of the Supreme Court of the State of New York

Decided October 7, 1992Published

1Opinion of the Court

— Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the evidence at trial was insufficient to establish that she had been driving while intoxicated. The uncontroverted trial testi*996mony was sufficient to establish that defendant had been operating a motor vehicle while she was "incapable of employing the physical and mental abilities which [she was] expected to possess in order to operate a vehicle as a reasonable and prudent driver” (People v Cruz, 48 NY2d 419, 428, appeal dismissed 446 US 901; see, People v Cole, 178 AD2d 1016; People v DeBlase, 142 AD2d 926;…

2Cases cited4 opinions

  1. People v. CruzNew York Court of Appeals · 1979
  2. People v. OttomanelliAppellate Division of the Supreme Court of the State of New York · 1985
  3. People v. DeBlaseAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. ColeAppellate Division of the Supreme Court of the State of New York · 1991

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