People v. Schneider

OPINION OF THE COURT

Herbert J. Adlerberg, J.

On June 14, 1984, following a jury trial before this court, the defendant was convicted of violating Vehicle and Traffic Law § 1192 (1) and (2).

At the close of the case, and prior to summations and charge, the defendant moved for a trial order of dismissal as to the count alleging a violation of Vehicle and Traffic Law § 1192 (2). The court reserved decision on that application so as not to prejudice the People’s right to appeal. (See, People v Leach, 57 AD2d 332.)

The defendant now renews that application.

A brief review of the relevant evidence is…