Van Valkenburgh v. Koehler

Judgment unanimously reversed *972on the law without costs and new trial granted. Memorandum: The court’s charge was erroneous in three respects and reversal of those judgments in which Tops Friendly Markets, Inc. was a defendant must be reversed. First, the court erred in failing to charge Vehicle and Traffic Law § 1195, thereby failing to instruct the jury that the blood alcohol test result of .01% was prima facie proof that defendant Frederick G. Koehler’s ability to drive was not impaired by alcohol and that he was not in an intoxicated condition. Having received evidence of the blood alcohol…