PEOPLE v. MARRIOTT


37 A.D.2d 868 (1971)

The People of the State of New York, Respondent, v. Clark M. Marriott, Appellant

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

October 21, 1971


The sole question for consideration is whether the defendant was "operating" a motor vehicle within the definition of the statute. At about 8:30 P.M. on May 23, 1970 two Deputy Sheriffs found defendant asleep behind the steering wheel of his car with the engine running. The car was parked on the shoulder of a main highway in a remote, rural area. There was unquestionable evidence that the defendant had been drinking and was intoxicated. The only evidence presented by the...

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