People v. Biester

Appeal by defendant from a judgment of the County Court, Suffolk County, entered November 17, 1964 after a jury trial, convicting him of operating a motor vehicle while intoxicated, in violation of the statute (Vehicle and Traffic Law, § 1192, subd. 2), and imposing sentence. Judgment affirmed. It is undisputed that defendant made no conscious refusal to the taking of blood; in fact there is proof that he consented-while conscious. Questions of fact for the jury included the identity of the driver of the automobile and the time, making and legality of the arrest prior to the withdrawal of…