Judgment reversed on the law and the facts, information dismissed, and fine remitted.
There is no proof in the record that appellant operated the motor vehicle while intoxicated, other than his ambiguous admission, made while intoxicated, that he had been driving the car. In the absence of additional proof as to operation, this conviction may not stand (Code Crim. Pro., § 395; People v. Strauss, 260 App. Div. 880; People v. Cuozzo, 292 N.Y. 85;...
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