The defendant appeals from a judgment of conviction after a jury trial of subdivision 5 of section 70 of the Vehicle and Traffic Law (driving while intoxicated). The prosecution established proof of the intoxication of the defendant by the opinion testimony of the arresting officer (cf. People v. Eastwood, 14 N.Y. 562, 566; Matter of Auto Inn, 204 App. Div. 185), and by the...
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