PEOPLE v. BLAKE


5 N.Y.2d 118 (1958)

The People of the State of New York, Appellant, v. George F. Blake, Respondent.

Court of Appeals of the State of New York.

Decided November 21, 1958.


Attorney(s) appearing for the Case

Joseph F. Gagliardi, District Attorney (Arthur V. Praete of counsel), for appellant.

Royden A. Letsen for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS concur.


BURKE, J.

The County Court has reversed a conviction of the defendant for operating a motor vehicle while in an intoxicated condition in violation of subdivision 5 of section 70 of the Vehicle and Traffic Law on the ground that "Although the evidence justifies a finding of intoxication of the defendant, there is no proof that he operated the automobile in question while intoxicated."

Granting the conviction...

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