People v. McDonough
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: We reject defendant’s claim that the Department of Health lacked the authority to define the method of measuring weight of alcohol in blood pursuant to Vehicle and Traffic Law § 1194 (9). Defendant’s construction of that provision would render subdivision (2) of Vehicle and Traffic Law § 1192 of no effect. We cannot conclude that the Legislature intended such result (see, McKinney’s Cons Laws of NY, Book 1, Statutes § 144; Sierra Club v Board of Educ., 127 AD2d 1007). We also conclude that the Department of Health’s measurement of weight of alcohol…
2Cases cited13 opinions
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- People v. GarneauAppellate Division of the Supreme Court of the State of New York · 1986
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