People v. Barrett

The defendant was arrested on August 5, 1976 and charged by Trooper T. J. Kenny with driving while intoxicated, a violation of subdivision 3 of section 1192 of the Vehicle and Traffic Law.

When this matter came on for trial without a jury, the Assistant District Attorney and counsel for the defendant agreed that there was no dispute on the facts and that the *632only substantial question was one of law to be decided by the court. Accordingly, they stipulated as follows:

"On August 5, 1976 at approximately 7:00 p.m. the defendant’s vehicle was observed by Trooper Kenny traveling in an easterly…