PEOPLE v. DOWNS


5 A.D.2d 935 (1958)

The People of the State of New York, Respondent, v. Isaac C. Downs, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 27, 1958


Defendant attacks the conviction on a number of grounds. (1) On the trial, a chemist testified that analysis of a sample of defendant's blood revealed the presence of 0.18% ethyl alcohol and a physician testified that such an alcoholic level "signifies a definite impairment of ability" to operate an automobile. It developed on the trial that neither witness testified before the Grand Jury and defendant contends that there was, on that account, insufficient evidence before...

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