PEOPLE v. MONAHAN


25 N.Y.2d 378 (1969)

The People of the State of New York, Appellant, v. Gerald Monahan, Respondent.

Court of Appeals of the State of New York.

Decided November 26, 1969.


Attorney(s) appearing for the Case

Edward F. Mergler, District Attorney, for appellant.

Joseph C. Dwyer, for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.


GIBSON, J.

The People appeal from an order of the County Court of Allegany County which reversed the judgment of a Court of Special Sessions, rendered upon a verdict convicting defendant of the crime of operating a motor vehicle while in an intoxicated condition. (Vehicle and Traffic Law, § 1192, subd. 2.) The reversal was grounded on the County Court's finding...

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