People v. Ward

The defendant appeals from a judgment of conviction after a jury trial of subdivision 5 of section 70 of the Vehicle and Traffic Law (driving while intoxicated). The prosecution established proof of the intoxication of the defendant by the opinion testimony of the arresting officer (cf. People v. Eastwood, 14 N. Y. 562, 566; Matter of Auto Inn, 204 App. Div. 185), and by the evidence of the analysis of a sample of the defendant’s blood, indicating a content of .21% of alcohol by weight.

The defendant contends that evidence of the blood test should have been excluded at the trial on several…